The investigation is based on a complaint filed by Align Technology, Inc., of Santa Clara, CA, on January 11, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain incremental dental positioning appliances that 1) infringe patents owned by Align Technology and 2) were made using trade secrets belonging to Align Technology. The complainant requests that the ITC issue a permanent exclusion order and permanent cease and desist orders.

The ITC has identified the following as respondents in this investigation:

OrthoClear, Inc., of San Francisco, CA;
OrthoClear Holdings, Inc., of Tortola, British Virgin Islands; and
OrthoClear Pakistan Pvt, Ltd., of Lahore, Pakistan.

By instituting this investigation (337-TA-562), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Robert L. Barton, Jr., an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Barton will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.