`
`
`3SHAPE A/S, 3SHAPE TRIOS A/S, and
`3SHAPE, INC.,
`
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`C.A. 1:20-cv-
`
`JURY TRIAL DEMANDED
`
`
`
`v.
`
`ALIGN TECHNOLOGY, INC.,
`
`Defendant.
`
`
`
`PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION AND TEMPORARY
`RESTRAINING ORDER AGAINST ALIGN TECHNOLOGY INC.
`PROSECUTING A DUPLICATIVE ACTION IN THE
`WESTERN DISTRICT OF TEXAS
`
`Pursuant to Fed. R. Civ. P. 65, Plaintiffs 3Shape A/S, 3Shape Trios A/S, and 3Shape, Inc.
`
`(collectively, “3Shape” or “Plaintiffs”) move for a preliminary injunction preventing Align
`
`Technology, Inc. (“Align”) from prosecuting their recently filed action in the Western District of
`
`Texas (C.A. No. 6:20-cv-00979) (herein, the “Texas Action”) against 3Shape. Plaintiffs also
`
`request that the Court issue a temporary restraining order preventing Align’s prosecution of the
`
`Texas Action pending the Court’s resolution of Plaintiffs’ preliminary injunction motion. The
`
`grounds for this motion are set forth in 3Shape’s opening brief, submitted herewith.
`
`
`
`Case 1:20-cv-01492-UNA Document 4 Filed 11/02/20 Page 2 of 2 PageID #: 321
`
`Respectfully submitted,
`
`/s/ James H.S. Levine
`Joanna J. Cline (DE Bar No. 5873)
`James H.S. Levine (DE Bar No. 5355)
`TROUTMAN PEPPER HAMILTON
`SANDERS LLP
`Hercules Plaza
`1313 North Market Street
`Suite 5100
`Wilmington, DE 19899-1709
`Tel: 302.777.6500
`Fax: 302.421.8390
`Email: James.Levine@Troutman.com
`
`Counsel for Plaintiffs 3Shape A/S, 3Shape
`Trios A/S, and 3Shape Inc.
`
`
`OF COUNSEL:
`
`Goutam Patnaik (pro hac vice to be filed)
`Email: Goutam.Patnaik@Troutman.com
`David J. Shaw (pro hac vice to be filed)
`Email: David.Shaw@Troutman.com
`Kimberly Coghill (pro hac vice to be filed)
`Email: Kimberly.Coghill@Troutman.com
`Bryan J. Cannon (pro hac vice to be filed)
`Email: Bryan.Cannon@Troutman.com
`TROUTMAN PEPPER HAMILTON
`SANDERS LLP
`2000 K Street, N.W., Suite 600
`Washington, D.C. 20006-1865
`Tel: 202.220.1200
`Fax: 202.220.1465
`
`William Belanger (pro hac vice to be filed)
`Email: William.Belanger@Troutman.com
`Frank D. Liu (pro hac vice to be filed)
`Email: Frank.Liu@Troutman.com
`Brittanee L. Petrik (pro hac vice to be filed)
`Email: Brittanee.Petrik@Troutman.com
`Ana Spone (pro hac vice to be filed)
`Email: Ana.Spone@Troutman.com
`TROUTMAN PEPPER HAMILTON
`SANDERS LLP
`125 High Street, 19th Floor High Street
`Tower
`Boston, Massachusetts 02110-2736
`Tel: 617.204.5100
`Fax: 617.204.5150
`
`Dated: November 2, 2020
`
`
`
`
`
`
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