Dental Monitoring SAS v. Align Technology, Inc.

Good Law
United States District Court, Northern District of CaliforniaJuly 19, 20233:22-cv-07335California1,129 words

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). …

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