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`U.S. District Court
`
`District of Delaware (Wilmington)
`
`CIVIL DOCKET FOR CASE #: 1:20-cv-01492-LPS
`
`STAYED,PATENT
`
`
`
`3Shape A/S et al v. Align Technology, Inc.
`Assigned to: Judge Leonard P. Stark
`
`Related Cases: 1:17-cv-01646-LPS
`1:17-cv-01647-LPS
`1:17-cv-01648-LPS
`1:17-cv-01649-LPS
`1:18-cv-00886-LPS
`1:18-cv-01949-LPS
`1:18-cv-01950-LPS
`Cause: 35:1 Patent Infringement
`Plaintiff
`3Shape A/S
`
`Date Filed: 11/02/2020
`
`Jury Demand: Plaintiff
`
`Nature of Suit: 830 Patent
`
`Jurisdiction: Federal Question
`
`represented by Joanna J. Cline
`Troutman Pepper Hamilton Sanders LLP
`3000 Two Logan Square
`Eighteenth and Arch Streets
`Philadelphia, PA 19103
`215-981-4520
`Email: Joanna.Cline@troutman.com
`
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`
`Goutam Patnaik
`Email: gpatnaik@desmaraisllp.com
`
`TERMINATED: 04/23/2021
`
`PRO HAC VICE
`
`James Harry Stone Levine
`Troutman Pepper Hamilton Sanders, LLP
`Trial and Dispute Resolution
`Hercules Plaza
`1313 N. Market Street
`P.O. Box 1709, Suite 5100
`Wilmington, DE 19899-1709
`302-777-6536
`Fax: 302-421-8390
`Email: james.levine@troutman.com
`
`ATTORNEY TO BE NOTICED
`
`Plaintiff
`3Shape Trios A/S
`
`represented by Joanna J. Cline
`(See above for address)
`
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`https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?274457884578252-L_1_0-1
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`1/6
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`3SHAPE 1029 3Shape v Align IPR2021-01383
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`8/18/2021
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`CM/ECF LIVE - U.S. District Court:ded
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Goutam Patnaik
`(See above for address)
`TERMINATED: 04/23/2021
`PRO HAC VICE
`
`James Harry Stone Levine
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Joanna J. Cline
`(See above for address)
`
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`
`Goutam Patnaik
`(See above for address)
`
`TERMINATED: 04/23/2021
`
`PRO HAC VICE
`
`James Harry Stone Levine
`(See above for address)
`
`ATTORNEY TO BE NOTICED
`
`represented by John W. Shaw
`Shaw Keller LLP
`I.M. Pei Building
`1105 North Market Street
`12th Floor
`Wilmington, DE 19801
`302-298-0701
`Email: jshaw@shawkeller.com
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`
`
`
`Amy Gore
`Email: amy.gore@bartlitbeck.com
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`
`
`
`Faye E. Paul
`Email: faye.paul@bartlitbeck.com
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`
`Jason Murray
`Email: jason.murray@bartlitbeck.com
`
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`2/6
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`Plaintiff
`3Shape, Inc.
`
`V.
` Defendant
`Align Technology, Inc.
`
`https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?274457884578252-L_1_0-1
`
`3SHAPE 1029 3Shape v Align IPR2021-01383
`
`
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`8/18/2021
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`CM/ECF LIVE - U.S. District Court:ded
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`John M. Hughes
`Email: john.hughes@bartlitbeck.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Joseph C. Smith , Jr.
`Email: joseph.smith@bartlitbeck.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Mark L. Levine
`Email: mark.levine@bartlitbeck.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Meg Fasulo
`Email: meg.fasulo@bartlitbeck.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Date Filed
`11/02/2020
`
`#
`1
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`11/02/2020
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`11/02/2020
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`11/02/2020
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`11/02/2020
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`11/03/2020
`11/03/2020
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`2
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`3
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`4
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`5
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`clear Docket Text
`COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT -
`filed with Jury Demand against Align Technology, Inc. - Magistrate Consent Notice
`to Pltf. ( Filing fee $ 400, receipt number ADEDC-3307646.) - filed by 3Shape Trios
`A/S, 3Shape A/S, 3Shape, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
`Exhibit B-1, # 4 Exhibit B-2, # 5 Exhibit B-3, # 6 Exhibit B-4, # 7 Exhibit B-5, # 8
`Exhibit B-6, # 9 Exhibit B-7, # 10 Appendix A, # 11 Civil Cover Sheet)(sam)
`(Entered: 11/03/2020)
`Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sam)
`(Entered: 11/03/2020)
`Report to the Commissioner of Patents and Trademarks for Patent/Trademark
`Number(s) 9,101,433 ; 10,728,519 ; 10,750,151 ; 10,750,152 ; 10,791,934 ;
`10,791,936 ; 10,709,527. (sam) (Entered: 11/03/2020)
`PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND
`TEMPORARY RESTRAINING ORDER AGAINST ALIGN TECHNOLOGY INC.
`- filed by 3Shape A/S, 3Shape Trios A/S, 3Shape, Inc. (Attachments: # 1 Text of
`Proposed Order, # 2 7.1.1 Statement regarding motion)(sam) (Entered: 11/03/2020)
`OPENING BRIEF in Support re 4 MOTION for Preliminary Injunction and
`Temporary Restraining Order -filed by 3Shape A/S, 3Shape Trios A/S, 3Shape, Inc.
`(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit
`5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11
`Exhibit 11, # 12 Exhibit 12, # 13 Appendix A)(sam) (Main Document 5 replaced on
`11/3/2020) (cna, ). (Entered: 11/03/2020)
`No Summons Issued. (sam) (Entered: 11/03/2020)
`Remark: Exit to Judge LPS. (sam) (Entered: 11/03/2020)
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`https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?274457884578252-L_1_0-1
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`3SHAPE 1029 3Shape v Align IPR2021-01383
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`11/04/2020
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`11/09/2020
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`11/09/2020
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`8
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`11/09/2020
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`9
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`11/12/2020
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`11/12/2020
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`10
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`11
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`11/12/2020
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`12
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`11/12/2020
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`11/13/2020
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`13
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`11/13/2020
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`14
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`11/13/2020
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`15
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`8/18/2021
`11/03/2020
`11/04/2020
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`CM/ECF LIVE - U.S. District Court:ded
`Remark: Case to be assigned to LPS per related cases. (sam) (Entered: 11/03/2020)
`SUMMONS Returned Executed by 3Shape Trios A/S, 3Shape A/S, 3Shape, Inc..
`Align Technology, Inc. served on 11/3/2020, answer due 11/24/2020. (Levine, James
`Harry) (Entered: 11/04/2020)
`Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge
`(LPS) after the case number on all documents filed. (rjb) (Entered: 11/04/2020)
`Letter to The Honorable Leonard P. Stark from James Levine, Esq. regarding request
`for Status Conference and expedited briefing on 3Shape's Motion for Preliminary
`Injunction and Temporary Restraining Order - re (4 in 1:20-cv-01492-LPS)
`MOTION for Temporary Restraining Order, (5 in 1:20-cv-01492-LPS) Opening
`Brief in Support, (29 in 1:18-cv-01950-LPS) Amended Complaint,. (Levine, James
`Harry) (Entered: 11/09/2020)
`ORAL ORDER: Having received a motion for preliminary injunction (PI) and
`temporary restraining order (TRO) and request for expedited review (see D.I. 4, 7),
`IT IS HEREBY ORDERED that the following schedule shall apply: (i) Align shall
`file a responsive brief addressing the motion for a PI/TRO no later than Thursday,
`November 12 at 12:00 p.m.; (ii) 3Shape shall file a reply brief in support of its
`motion no later than Friday, November 13 at 10:00 a.m.; and (iii) the Court will hear
`argument on the motion during a teleconference on Friday, November 13 beginning
`at 1:30 p.m. The parties and any interested member of the public shall use the
`following call-in information: 877-336-1829 and using the access code 1408971.
`ORDERED by Judge Leonard P. Stark on 11/9/20. (ntl) (Entered: 11/09/2020)
`MOTION for Pro Hac Vice Appearance of Attorney John M. Hughes, Joseph C.
`Smith, Jr., Jason C. Murray, Meg E. Fasulo, Mark L. Levine, Faye E. Paul, and Amy
`Gore - filed by Align Technology, Inc.. (Shaw, John) (Entered: 11/09/2020)
`Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by
`Align Technology, Inc.. (Shaw, John) (Entered: 11/12/2020)
`ANSWERING BRIEF in Opposition re 4 MOTION for Temporary Restraining
`Order filed by Align Technology, Inc..Reply Brief due date per Local Rules is
`11/19/2020. (Shaw, John) (Entered: 11/12/2020)
`Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent 3Shape
`Holding A/S for 3Shape A/S, 3Shape Trios A/S, 3Shape, Inc. filed by 3Shape A/S,
`3Shape Trios A/S, 3Shape, Inc.. (Levine, James Harry) (Entered: 11/12/2020)
`SO ORDERED, re 9 MOTION for Pro Hac Vice Appearance of Attorney John M.
`Hughes, Joseph C. Smith, Jr., Jason C. Murray, Meg E. Fasulo, Mark L. Levine,
`Faye E. Paul, and Amy Gore filed by Align Technology, Inc. Signed by Judge
`Leonard P. Stark on 11/12/20. (ntl) (Entered: 11/12/2020)
`MOTION for Pro Hac Vice Appearance of Attorney Goutam Patnaik - filed by
`3Shape A/S, 3Shape Trios A/S, 3Shape, Inc.. (Attachments: # 1 Certification of
`Goutam Patnaik, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered:
`11/13/2020)
`MOTION for Pro Hac Vice Appearance of Attorney David J. Shaw - filed by
`3Shape A/S, 3Shape Trios A/S, 3Shape, Inc.. (Attachments: # 1 Certification of
`David J. Shaw, Esq., # 2 Text of Proposed Order)(Levine, James Harry) (Entered:
`11/13/2020)
`MOTION for Pro Hac Vice Appearance of Attorney Kimberly E. Coghill - filed by
`3Shape A/S, 3Shape Trios A/S, 3Shape, Inc.. (Attachments: # 1 Certification of
`https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?274457884578252-L_1_0-1
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`8/18/2021
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`11/13/2020
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`11/13/2020
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`16
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`11/13/2020
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`11/13/2020
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`17
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`11/13/2020
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`18
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`11/17/2020
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`CM/ECF LIVE - U.S. District Court:ded
`Kimberly E. Coghill, Esq., # 2 Text of Proposed Order)(Levine, James Harry)
`(Entered: 11/13/2020)
`Pro Hac Vice Attorney Joseph C. Smith, Jr, John M. Hughes, Mark L. Levine, Meg
`Fasulo, Jason Murray, Amy Gore, Faye E. Paul for Align Technology, Inc. added for
`electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the
`registered users of CM/ECF and shall be required to file all papers. (sam) (Entered:
`11/13/2020)
`REPLY BRIEF re 4 MOTION for Temporary Restraining Order filed by 3Shape
`A/S, 3Shape Trios A/S, 3Shape, Inc.. (Attachments: # 1 Exhibit 13, # 2 Exhibit 14, #
`3 Exhibit 15, # 4 Exhibit 16)(Levine, James Harry) (Entered: 11/13/2020)
`Minute Entry for proceedings held before Judge Leonard P. Stark - Argument by
`Telephone Conference held on 11/13/2020. (Court Reporter B. Gaffigan.) (ntl)
`(Entered: 11/13/2020)
`ORAL ORDER: For the reasons stated during the teleconference today, IT IS
`HEREBY ORDERED that the motion for a temporary restraining order or
`preliminary injunction (D.I. 4 ) is DENIED. ORDERED by Judge Leonard P. Stark
`on 11/13/20. (ntl) (Entered: 11/13/2020)
`Official Transcript of Telephonic Oral Argument held on November 13, 2020 before
`Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email:
`gaffigan@verizon.net. Transcript may be viewed at the court public terminal or
`ordered/purchased through the Court Reporter before the deadline for Release of
`Transcript Restriction. After that date, it may be obtained through PACER.
`Redaction Request due 12/4/2020. Redacted Transcript Deadline set for 12/14/2020.
`Release of Transcript Restriction set for 2/11/2021. (bpg) (Entered: 11/13/2020)
`SO ORDERED, re 14 MOTION for Pro Hac Vice Appearance of Attorney David J.
`Shaw filed by 3Shape A/S, 3Shape Trios A/S, 3Shape, Inc., 13 MOTION for Pro
`Hac Vice Appearance of Attorney Goutam Patnaik filed by 3Shape A/S, 3Shape
`Trios A/S, 3Shape, Inc., 15 MOTION for Pro Hac Vice Appearance of Attorney
`Kimberly E. Coghill filed by 3Shape A/S, 3Shape Trios A/S, 3Shape, Inc. Signed by
`Judge Leonard P. Stark on 11/17/20. (ntl) (Entered: 11/17/2020)
`MOTION to Dismiss Based upon Prior Ruling or, MOTION to Stay Pending Texas
`Court's Decision on Transfer Motion - filed by Align Technology, Inc..
`(Attachments: # 1 Exhibit A - Proposed Order Granting Motion to Dismiss, # 2
`Exhibit B - Proposed Order Granting Motion to Stay)(Shaw, John) (Entered:
`11/24/2020)
`OPENING BRIEF in Support re 19 MOTION to Dismiss Based upon Prior Ruling
`or MOTION to Stay Pending Texas Court's Decision on Transfer Motion filed by
`Align Technology, Inc..Answering Brief/Response due date per Local Rules is
`12/8/2020. (Attachments: # 1 Exhibit 1)(Shaw, John) (Entered: 11/24/2020)
`STIPULATION STAY OF PROCEEDINGS by 3Shape A/S, 3Shape Trios A/S,
`3Shape, Inc.. (Levine, James Harry) (Entered: 12/08/2020)
`SO ORDERED, re 21 Stipulated Stay of Proceedings filed by 3Shape A/S, 3Shape
`Trios A/S, 3Shape, Inc. -- Case Stayed. Signed by Judge Leonard P. Stark on
`12/9/20. (ntl) (Entered: 12/10/2020)
`NOTICE of Change of Law Firm Affiliation for Goutam Patnaik, Esq. by 3Shape
`A/S, 3Shape Trios A/S, 3Shape, Inc. (Levine, James Harry) (Entered: 03/11/2021)
`Pro Hac Vice Attorney Goutam Patnaik for 3Shape A/S, 3Shape Trios A/S, 3Shape,
`
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`03/16/2021
`https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?274457884578252-L_1_0-1
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`12/10/2020
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`11/24/2020
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`11/24/2020
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`12/08/2020
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`3SHAPE 1029 3Shape v Align IPR2021-01383
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`CM/ECF LIVE - U.S. District Court:ded
`Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware
`counsel shall be the registered users of CM/ECF and shall be required to file all
`papers. (kmd) (Entered: 03/16/2021)
`NOTICE of Change of Law Firm Affiliation for David Shaw, Esq. by 3Shape A/S,
`3Shape Trios A/S, 3Shape, Inc. (Levine, James Harry) (Entered: 03/25/2021)
`NOTICE requesting Clerk to remove Goutam Patnaik and David J. Shaw of
`Desmarais LLP as co-counsel. Reason for request: No longer representing Plaintiffs
`3Shape A/S, 3Shape Trios A/S and 3Shape, Inc.. (Levine, James Harry) (Entered:
`04/23/2021)
`Joint STIPULATION Of Partial Dismissal by 3Shape A/S, 3Shape Trios A/S,
`3Shape, Inc.. (Levine, James Harry) (Entered: 05/10/2021)
`NOTICE of Name Change of Faye E. Paul to Faye Paul Teller by Align Technology,
`Inc. (Shaw, John) (Entered: 05/28/2021)
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`8/18/2021
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`03/25/2021
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`04/23/2021
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`05/10/2021
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`05/28/2021
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`1:20-cv-01492-LPS Start date:
`1/1/1972 End date: 8/18/2021
`
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`08/18/2021 19:22:56
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`https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?274457884578252-L_1_0-1
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`3SHAPE 1029 3Shape v Align IPR2021-01383
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