Dental Monitoring SAS v. Align Technology, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
DENTAL MONITORING SAS, Plaintiff, No. C 22-07335 WHA
v.
ALIGN TECHNOLOGY, INC., ORDER DENYING SECOND
MOTION TO DISMISS
Defendant.
15 Two weeks ago or so, an order granted in part and denied in part Align’s motion to dismiss under Rule 12(b)(6) (Dkt. No. 49). Specifically, that order granted the motion as to direct patent infringement under 35 U.S.C. Section 271(g), willful patent infringement under Section 284, and indirect patent infringement under Sections 271(b) and 271(c). It denied the motion as to direct patent infringement under Section 271(a) and ordered an answer within fourteen days. Very early in the morning last Friday, fourteen days later, Align filed an answer (72 pages with 594 pages of exhibits) that, inter alia, asserted its own patents against Dental Monitoring (Dkt. No. 54). What’s more, a few hours earlier, Align filed yet another motion to dismiss (29 pages with 216 pages of exhibits) (Dkt. No. 53). …