The USPTO will reopen two ex parte reexaminations of patents owned by Align Technology (NASDAQ:ALGN) that were concluded in Align's favor earlier this year over challenger ClearCorrect, LLC. The Director ordered patent examiners to reevaluate Align's U.S. Patent Nos. 6,217,325 and 6,722,880 after ClearCorrect presented new information supporting the canceling of the claims.
The Director's decision follows a ruling by the Patent Trial and Appeal Board (PTAB) canceling all challenged claims to another Align U.S. patent (No. 6,699,037) in a separate inter partes review.
The USPTO has yet to rule on ClearCorrect's request to reopen reexaminations of three more Align patents.
The companies have been battling with their clear aligners for over 10 years. ClearCorrect says its offerings are more affordable and more doctor-friendly that Align's.