Context: Dental Monitoring SAS and Align Technology, Inc have been locked in battle in United States district court and at the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) over patents relevant to AI-based image analysis of teeth. Concluding an inter partes review (IPR) filed by Align (IPR2023-01369), the PTAB found all 15 claims of Dental Monitoring’s U.S. Patent No. 10,755,409 (“Method for analyzing an image of a dental arch”) unpatentable as obvious.
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Court and counsel
Panel: Circuit Judges Alan D. Lourie, Alvin A. Schall, and Richard G. Taranto.
Dental Monitoring was represented by Venable’s Michael P. Sandonato and Joshua Daniel Calabro.
Align Technology was represented by Ashurst Perkins Coie’s Nathan K. Kelley, Dan L. Bagatell, Tara Lauren Kurtis, and Hari Santhanam.
- 35 U.S.C. § 119 deals with right of priority and benefit of earlier filing date; § 120, with benefit of earlier filing date in the U.S. ↩︎
- 35 U.S.C. § 112(a) states that a ‘[patent application’s] specification shall contain a written description of the invention, and of the manner and process of making and using it…” ↩︎