`
`Centralized CM/ECF LIVE - U.S. District Court:txwd
`
`PATENT
`
`U.S. District Court [LIVE]
`
`Western District of Texas (Waco)
`
`CIVIL DOCKET FOR CASE #: 6:20-cv-00979-ADA
`
`Align Technology, Inc. v. 3Shape A/S et al
`Assigned to: Judge Alan D Albright
`
`Cause: 35:271 Patent Infringement
`
`
`
`Plaintiff
`Align Technology, Inc.
`
`Date Filed: 10/19/2020
`
`Jury Demand: Both
`
`Nature of Suit: 830 Patent
`
`Jurisdiction: Federal Question
`
`represented by Amy R. Gore
`Bartlit Beck LLP
`54 West Hubbard Street, Suite 300
`Chicago, IL 60654
`(312) 494-4400
`Fax: (312) 494-4440
`Email: amy.gore@bartlitbeck.com
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`
`
`
`Faye Paul Teller
`Bartlit Beck LLP
`54 West Hubbard Street
`Chicago, IL 60654
`(312) 494-4400
`Fax: (312) 494-4440
`Email: faye.paul@bartlitbeck.com
`
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`
`Jason C. Murray
`Bartlit Beck LLP
`1801 Wewatta Street, Suite 1200
`Denver, CO 80202
`(303) 592-3100
`Fax: (303) 592-3140
`Email: jason.murray@bartlitbeck.com
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`
`
`
`John M. Hughes
`Bartlit Beck LLP
`1801 Wewatta Street, Suite 1200
`Denver, CO 80202
`(303) 592-3100
`Fax: (303) 592-3140
`Email: john.hughes@bartlit-beck.com
`
`LEAD ATTORNEY
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
`
`1/33
`
`3SHAPE 1031 3Shape v Align IPR2021-01383
`
`
`
`8/18/2021
`
`Centralized CM/ECF LIVE - U.S. District Court:txwd
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Joseph C. Smith , Jr
`Bartlit Beck LLP
`1801 Wewatta Street, Suite 1200
`Denver, CO 80202
`(303) 592-3100
`Fax: (303) 592-3140
`Email: joseph.smith@bartlitbeck.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Mark L. Levine
`Bartlit Beck LLP
`54 West Hubbard Street
`Chicago, IL 60654
`312-494-4400
`Fax: 312-494-4440
`Email: mark.levine@bartlitbeck.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Matthew R. Ford
`Bartlit Beck LLP
`54 West Hubbard Street, Suite 300
`Chicago, IL 60654
`(312) 494-4400
`Fax: (312) 494-4440
`Email: matthew.ford@bartlitbeck.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Meg E. Fasulo
`Bartlit Beck LLP
`1801 Wewatta Street, Suite 1200
`Denver, CO 80202
`(303) 592-3100
`Fax: (303) 592-3140
`Email: meg.fasulo@bartlitbeck.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Sundeep K. Addy
`Bartlit Beck LLP
`1801 Wewatta Street, Suite 1200
`Denver, CO 80202
`303-592-3100
`Fax: 303-592-3140
`Email: rob.addy@bartlitbeck.com
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
`
`2/33
`
`3SHAPE 1031 3Shape v Align IPR2021-01383
`
`
`
`8/18/2021
`
`Centralized CM/ECF LIVE - U.S. District Court:txwd
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Barry K. Shelton
`Shelton Coburn LLP
`311 RR 620 S
`Suite 205
`Austin, TX 78734-4775
`512-263-2165
`Fax: 512-263-2166
`Email: bshelton@sheltoncoburn.com
`ATTORNEY TO BE NOTICED
`
`Joseph M. Ramirez
`Skiermont Derby LLP
`1601 Elm Street, Suite 4400
`Dallas, TX 75201
`214-978-6600
`Fax: 214-978-6601
`Email: jramirez@skiermontderby.com
`TERMINATED: 02/08/2021
`ATTORNEY TO BE NOTICED
`
`Steven W. Hartsell
`Skiermont Derby LLP
`1601 Elm Street, Suite 4400
`Dallas, TX 75201
`214-978-6600
`Fax: 214-978-6601
`Email: shartsell@skiermontderby.com
`TERMINATED: 02/08/2021
`ATTORNEY TO BE NOTICED
`
`Paul Joseph Skiermont
`Skiermont Derby LLP
`1601 Elm Street, Suite 4400
`Dallas, TX 75201
`214/978-6600
`Fax: 214/978-6601
`Email: pskiermont@skiermontderby.com
`TERMINATED: 02/08/2021
`ATTORNEY TO BE NOTICED
`
`V.
` Defendant
`3Shape A/S
`
`represented by Ana Spone
`Troutman Sanders Pepper Hamilton LLP
`125 High Street, Hight Street Tower, 19th
`Floor
`Boston, MA 02110
`(617) 204-5100
`Fax: (866) 564-4416
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
`
`3/33
`
`3SHAPE 1031 3Shape v Align IPR2021-01383
`
`
`
`8/18/2021
`
`Centralized CM/ECF LIVE - U.S. District Court:txwd
`Email: ana.spone@troutman.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Brittanee Petrik
`Troutman Sanders Pepper Hamilton LLP
`125 High Street, Hight Street Tower, 19th
`Floor
`Boston, MA 02110
`(617) 204-5100
`Fax: (866) 564-4416
`Email: brittanee.petrik@troutman.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Bryan J. Cannon
`Troutman Sanders Pepper Hamilton LLP
`401 9th Street, NW, Suite 1000
`Washington, DC 20004
`(202) 220-1200
`Fax: (202) 220-1465
`Email: bryan.cannon@troutman.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`David J. Shaw
`Desmarais LLP
`1701 Pennsylvania Avenue Nw, Suite 200
`Washington, DC 20006
`(202) 451-4900
`Fax: (202) 451-4901
`Email: david.shaw@troutman.com
`TERMINATED: 04/26/2021
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Frank Liu
`Troutman Sanders Pepper Hamilton LLP
`125 High Street, Hight Street Tower, 19th
`Floor
`Boston, MA 02110
`(617) 204-5100
`Fax: (866) 564-4416
`Email: frank.liu@troutman.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Goutam Patnaik
`Desmarais LLP
`1701 Pennsylvania Avenue NW, Suite
`20006
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
`
`4/33
`
`3SHAPE 1031 3Shape v Align IPR2021-01383
`
`
`
`8/18/2021
`
`Centralized CM/ECF LIVE - U.S. District Court:txwd
`Washington, DC 20006
`(202) 451-4911
`Fax: (202) 451-4901
`Email: GPatnaik@desmaraisllp.com
`TERMINATED: 04/26/2021
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Gregory Len
`Troutman Sanders Pepper Hamilton LLP
`125 High Street, Hight Street tower, 19th
`Floor
`Boston, MA 02110
`(617) 204-5100
`Fax: (866) 564-4416
`Email: gregory.len@troutman.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Gwendolyn Tawresey
`Troutman Sanders Pepper Hamilton LLP
`125 High Street, Hight Street Tower, 19th
`Floor
`Boston, MA 02110
`(617) 204-5132
`Fax: (866) 564-4416
`Email: gwendolyn.tawresey@troutman.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Kimberly Coghill
`Troutman Sanders Pepper Hamilton LLP
`401 9th Street Nw, Suite 1000
`Washington, DC 20004
`(202) 274-2950
`Fax: (202) 274-2994
`Email: kimberly.coghill@troutman.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Massimo Ciccarelli
`Ciccarelli Law Firm
`750 N. St. Paul St., Suite 200
`Dallas, TX 75201
`214-444-8869
`Email: max@ciccarellilawfirm.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`William D. Belanger
`Troutman Sanders Pepper Hamilton LLP
`125 High Street, Hight Street Tower, 19th
`Floor
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
`
`5/33
`
`3SHAPE 1031 3Shape v Align IPR2021-01383
`
`
`
`8/18/2021
`
`Centralized CM/ECF LIVE - U.S. District Court:txwd
`Boston, MA 02110
`(617) 204-5100
`Fax: (866) 564-4416
`Email: william.belanger@troutman.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Bruce S. Sostek
`Holland & Knight LLP
`1722 Routh Street, Suite 1500
`Dallas, TX 75201
`(214) 969-1700
`Fax: (214) 969-1751
`Email: bruce.sostek@hklaw.com
`TERMINATED: 08/18/2021
`ATTORNEY TO BE NOTICED
`
`Natalie Cooley Parker
`Holland & Knight LLP
`1722 Routh Street
`Suite 1500
`Dallas, TX 75201
`214-969-1736
`Email: natalie.parker@hklaw.com
`TERMINATED: 08/18/2021
`ATTORNEY TO BE NOTICED
`
`Defendant
`3Shape Trios A/S
`
`represented by Ana Spone
`(See above for address)
`
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`
`Brittanee Petrik
`(See above for address)
`
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`
`Bryan J. Cannon
`(See above for address)
`
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`
`David J. Shaw
`(See above for address)
`
`TERMINATED: 04/26/2021
`
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`
`Frank Liu
`(See above for address)
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
`
`6/33
`
`3SHAPE 1031 3Shape v Align IPR2021-01383
`
`
`
`8/18/2021
`
`Centralized CM/ECF LIVE - U.S. District Court:txwd
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Goutam Patnaik
`(See above for address)
`TERMINATED: 04/26/2021
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Gregory Len
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Gwendolyn Tawresey
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Kimberly Coghill
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Massimo Ciccarelli
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`William D. Belanger
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Bruce S. Sostek
`(See above for address)
`TERMINATED: 08/18/2021
`ATTORNEY TO BE NOTICED
`
`Natalie Cooley Parker
`(See above for address)
`TERMINATED: 08/18/2021
`ATTORNEY TO BE NOTICED
`
`Counter Defendant
`Align Technology, Inc.
`
`represented by Amy R. Gore
`(See above for address)
`
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
`
`7/33
`
`3SHAPE 1031 3Shape v Align IPR2021-01383
`
`
`
`8/18/2021
`
`Centralized CM/ECF LIVE - U.S. District Court:txwd
`Faye Paul Teller
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Jason C. Murray
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`John M. Hughes
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Joseph C. Smith , Jr
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Mark L. Levine
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Matthew R. Ford
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Meg E. Fasulo
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Sundeep K. Addy
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Barry K. Shelton
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Joseph M. Ramirez
`(See above for address)
`TERMINATED: 02/08/2021
`ATTORNEY TO BE NOTICED
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
`
`8/33
`
`3SHAPE 1031 3Shape v Align IPR2021-01383
`
`
`
`8/18/2021
`
`Centralized CM/ECF LIVE - U.S. District Court:txwd
`
`Steven W. Hartsell
`(See above for address)
`TERMINATED: 02/08/2021
`ATTORNEY TO BE NOTICED
`
`Paul Joseph Skiermont
`(See above for address)
`TERMINATED: 02/08/2021
`ATTORNEY TO BE NOTICED
`
`Counter Plaintiff
`3Shape Trios A/S
`
`represented by Ana Spone
`(See above for address)
`
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`
`Brittanee Petrik
`(See above for address)
`
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`
`Bryan J. Cannon
`(See above for address)
`
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`
`David J. Shaw
`(See above for address)
`
`TERMINATED: 04/26/2021
`
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`
`Frank Liu
`(See above for address)
`
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`
`Goutam Patnaik
`(See above for address)
`
`TERMINATED: 04/26/2021
`
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`
`Gregory Len
`(See above for address)
`
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`
`Gwendolyn Tawresey
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
`
`9/33
`
`3SHAPE 1031 3Shape v Align IPR2021-01383
`
`
`
`8/18/2021
`
`Centralized CM/ECF LIVE - U.S. District Court:txwd
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Kimberly Coghill
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Massimo Ciccarelli
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`William D. Belanger
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Bruce S. Sostek
`(See above for address)
`TERMINATED: 08/18/2021
`ATTORNEY TO BE NOTICED
`
`Natalie Cooley Parker
`(See above for address)
`TERMINATED: 08/18/2021
`ATTORNEY TO BE NOTICED
`
`Counter Plaintiff
`3Shape A/S
`
`represented by Ana Spone
`(See above for address)
`
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`
`Brittanee Petrik
`(See above for address)
`
`LEAD ATTORNEY
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`
`Bryan J. Cannon
`(See above for address)
`
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`
`David J. Shaw
`(See above for address)
`
`TERMINATED: 04/26/2021
`
`LEAD ATTORNEY
`
`ATTORNEY TO BE NOTICED
`
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
`
`10/33
`
`3SHAPE 1031 3Shape v Align IPR2021-01383
`
`
`
`8/18/2021
`
`Centralized CM/ECF LIVE - U.S. District Court:txwd
`Frank Liu
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Goutam Patnaik
`(See above for address)
`TERMINATED: 04/26/2021
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Gregory Len
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Gwendolyn Tawresey
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Kimberly Coghill
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Massimo Ciccarelli
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`William D. Belanger
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Bruce S. Sostek
`(See above for address)
`TERMINATED: 08/18/2021
`ATTORNEY TO BE NOTICED
`
`Natalie Cooley Parker
`(See above for address)
`TERMINATED: 08/18/2021
`ATTORNEY TO BE NOTICED
`
`Date Filed
`09/22/2020
`
`#
`3
`
`clear
`
`1.48MB
`
`Docket Text
`Standing Order Regarding Notice of Readiness In Patent Cases. Signed by Judge
`Alan D Albright. (lad) (Entered: 10/19/2020)
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
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`11/33
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`Centralized CM/ECF LIVE - U.S. District Court:txwd
`COMPLAINT for Patent Infringement ( Filing fee $ 400 receipt number 0542-
`14082990), filed by Align Technology, Inc.. (Attachments: # 1 Exhibit 1, # 2
`Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7,
`# 8 Civil Cover Sheet)(Skiermont, Paul) (Entered: 10/19/2020)
`Pursuant to the Standing Order Regarding Patent/Trademark Cases effective
`12/9/19, Attorneys filing Patent/Trademark cases in TXWD Waco division must
`prepare the attached form AO120, FLATTEN, and e-file using the "Notice of
`Filing of Patent/Trademark Form" event upon opening of the case. (Attachments:
`# 1 AO-120) (lad) (Entered: 10/19/2020)
`Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the
`Director of the U.S. Patent and Trademark Office. (Skiermont, Paul) (Entered:
`10/19/2020)
`RULE 7 DISCLOSURE STATEMENT filed by Align Technology, Inc..
`(Skiermont, Paul) (Entered: 10/19/2020)
`REQUEST FOR ISSUANCE OF SUMMONS by Align Technology, Inc..
`(Skiermont, Paul) (Entered: 10/19/2020)
`NOTICE of Attorney Appearance by Paul Joseph Skiermont on behalf of Align
`Technology, Inc. (Skiermont, Paul) (Entered: 10/19/2020)
`NOTICE of Attorney Appearance by Steven W. Hartsell on behalf of Align
`Technology, Inc. (Hartsell, Steven) (Entered: 10/19/2020)
`NOTICE of Attorney Appearance by Joseph M. Ramirez on behalf of Align
`Technology, Inc. (Ramirez, Joseph) (Entered: 10/19/2020)
`Summons Issued as to 3Shape A/S. (am) (Entered: 10/19/2020)
`
`Summons Issued as to 3Shape Trios A/S. (am) (Entered: 10/19/2020)
`
`Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE
`JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND
`THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT
`THAT YOU FILE IN THIS CASE. (am) (Entered: 10/19/2020)
`MOTION to Appear Pro Hac Vice by Paul Joseph Skiermont for John M.
`Hughes ( Filing fee $ 100 receipt number 0542-14090561) by on behalf of Align
`Technology, Inc.. (Attachments: # 1 Proposed Order)(Skiermont, Paul) (Entered:
`10/20/2020)
`MOTION to Appear Pro Hac Vice by Paul Joseph Skiermont for Mark L. Levine
`( Filing fee $ 100 receipt number 0542-14090634) by on behalf of Align
`Technology, Inc.. (Attachments: # 1 Proposed Order)(Skiermont, Paul) (Entered:
`10/20/2020)
`MOTION to Appear Pro Hac Vice by Paul Joseph Skiermont for Jason C.
`Murray ( Filing fee $ 100 receipt number 0542-14090663) by on behalf of Align
`Technology, Inc.. (Attachments: # 1 Proposed Order)(Skiermont, Paul) (Entered:
`10/20/2020)
`MOTION to Appear Pro Hac Vice by Paul Joseph Skiermont for Faye E. Paul (
`Filing fee $ 100 receipt number 0542-14090676) by on behalf of Align
`Technology, Inc.. (Attachments: # 1 Proposed Order)(Skiermont, Paul) (Entered:
`10/20/2020)
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`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
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`12/33
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`10/20/2020
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`Centralized CM/ECF LIVE - U.S. District Court:txwd
`MOTION to Appear Pro Hac Vice by Paul Joseph Skiermont for Joseph C.
`Smith, Jr. ( Filing fee $ 100 receipt number 0542-14090702) by on behalf of
`Align Technology, Inc.. (Attachments: # 1 Proposed Order)(Skiermont, Paul)
`(Entered: 10/20/2020)
`MOTION to Appear Pro Hac Vice by Paul Joseph Skiermont for Meg E. Fasulo (
`Filing fee $ 100 receipt number 0542-14090734) by on behalf of Align
`Technology, Inc.. (Attachments: # 1 Proposed Order)(Skiermont, Paul) (Entered:
`10/20/2020)
`Text Order GRANTING 12 Motion to Appear Pro Hac Vice for Attorney John
`M. Hughes for Align Technology, Inc. Before the Court is the Motion for
`Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should
`be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for
`Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that
`Applicant, if he/she has not already done so, shall immediately tender the amount
`of $100.00, made payable to: Clerk, U.S. District Court, in compliance with
`Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures
`for Electronic Filing, the attorney hereby granted to practice pro hac vice in this
`case must register for electronic filing with our court within 10 days of this order
`entered by Judge Alan D Albright. (This is a text-only entry generated by the
`court. There is no document associated with this entry.) (mm6) (Entered:
`10/26/2020)
`Text Order GRANTING 13 Motion to Appear Pro Hac Vice for Attorney Mark
`L. Levine for Align Technology, Inc. Before the Court is the Motion for
`Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should
`be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for
`Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that
`Applicant, if he/she has not already done so, shall immediately tender the amount
`of $100.00, made payable to: Clerk, U.S. District Court, in compliance with
`Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures
`for Electronic Filing, the attorney hereby granted to practice pro hac vice in this
`case must register for electronic filing with our court within 10 days of this order
`entered by Judge Alan D Albright. (This is a text-only entry generated by the
`court. There is no document associated with this entry.) (mm6) (Entered:
`10/26/2020)
`Text Order GRANTING 14 Motion to Appear Pro Hac Vice for Attorney Jason
`C. Murray for Align Technology, Inc. Before the Court is the Motion for
`Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should
`be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for
`Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that
`Applicant, if he/she has not already done so, shall immediately tender the amount
`of $100.00, made payable to: Clerk, U.S. District Court, in compliance with
`Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures
`for Electronic Filing, the attorney hereby granted to practice pro hac vice in this
`case must register for electronic filing with our court within 10 days of this order
`entered by Judge Alan D Albright. (This is a text-only entry generated by the
`court. There is no document associated with this entry.) (mm6) (Entered:
`10/26/2020)
`Text Order GRANTING 15 Motion to Appear Pro Hac Vice for Attorney Faye E.
`Paul for Align Technology, Inc. Before the Court is the Motion for Admission
`Pro Hac Vice. The Court, having reviewed the Motion, finds it should be
`GRANTED and therefore orders as follows: IT IS ORDERED the Motion for
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`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
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`13/33
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`3SHAPE 1031 3Shape v Align IPR2021-01383
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`10/26/2020
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`Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that
`Applicant, if he/she has not already done so, shall immediately tender the amount
`of $100.00, made payable to: Clerk, U.S. District Court, in compliance with
`Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures
`for Electronic Filing, the attorney hereby granted to practice pro hac vice in this
`case must register for electronic filing with our court within 10 days of this order
`entered by Judge Alan D Albright. (This is a text-only entry generated by the
`court. There is no document associated with this entry.) (mm6) (Entered:
`10/26/2020)
`Text Order GRANTING 16 Motion to Appear Pro Hac Vice for Attorney Joseph
`C. Smith, Jr for Align Technology, Inc. Before the Court is the Motion for
`Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should
`be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for
`Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that
`Applicant, if he/she has not already done so, shall immediately tender the amount
`of $100.00, made payable to: Clerk, U.S. District Court, in compliance with
`Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures
`for Electronic Filing, the attorney hereby granted to practice pro hac vice in this
`case must register for electronic filing with our court within 10 days of this order
`entered by Judge Alan D Albright. (This is a text-only entry generated by the
`court. There is no document associated with this entry.) (mm6) (Entered:
`10/26/2020)
`Text Order GRANTING 17 Motion to Appear Pro Hac Vice for Attorney Meg E.
`Fasulo for Align Technology, Inc. Before the Court is the Motion for Admission
`Pro Hac Vice. The Court, having reviewed the Motion, finds it should be
`GRANTED and therefore orders as follows: IT IS ORDERED the Motion for
`Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that
`Applicant, if he/she has not already done so, shall immediately tender the amount
`of $100.00, made payable to: Clerk, U.S. District Court, in compliance with
`Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures
`for Electronic Filing, the attorney hereby granted to practice pro hac vice in this
`case must register for electronic filing with our court within 10 days of this order
`entered by Judge Alan D Albright. (This is a text-only entry generated by the
`court. There is no document associated with this entry.) (mm6) (Entered:
`10/26/2020)
`NOTICE of Attorney Appearance by Barry K. Shelton on behalf of Align
`Technology, Inc.. Attorney Barry K. Shelton added to party Align Technology,
`Inc.(pty:pla) (Shelton, Barry) (Entered: 11/06/2020)
`Request for Service via FedEx from Clerk's Office for Foreign Defendants.
`(includes pickup confirmation) (lad) (Entered: 11/09/2020)
`SUMMONS Returned Executed by Align Technology, Inc.. 3Shape A/S served
`on 11/11/2020, answer due 12/2/2020; 3Shape Trios A/S served on 11/11/2020,
`answer due 12/2/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shelton,
`Barry) (Entered: 11/12/2020)
`MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(7) or, in the Alternative,
`Transfer to the United States District Court for the District of Delaware by
`3Shape A/S, 3Shape Trios A/S. (Attachments: # 1 Appendix A, # 2 Exhibit 1, # 3
`Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7,
`# 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, #
`14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17,
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
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`14/33
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`# 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit
`22)(Ciccarelli, Massimo) (Entered: 12/02/2020)
`Response in Opposition to Motion, filed by Align Technology, Inc., re 21
`MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(7) or, in the Alternative,
`Transfer to the United States District Court for the District of Delaware filed by
`Defendant 3Shape A/S, Defendant 3Shape Trios A/S (Attachments: # 1 Exhibit
`A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7
`Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Shelton,
`Barry) (Entered: 12/16/2020)
`REDACTED ANSWER to 1 Complaint, Affirmative Defenses,
`COUNTERCLAIM against 3Shape Trios A/S, 3Shape A/S by 3Shape Trios A/S,
`3Shape A/S. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Ciccarelli, Massimo)
`(Entered: 12/18/2020)
`ATTACHMENT to 23 Answer to Complaint, Counterclaim by 3Shape A/S,
`3Shape Trios A/S. (Attachments: # 1 Exhibit 4, # 2 Exhibit 5, # 3 Exhibit 6)
`(Ciccarelli, Massimo) (Entered: 12/18/2020)
`ATTACHMENT to 23 Answer to Complaint, Counterclaim by 3Shape A/S,
`3Shape Trios A/S. (Attachments: # 1 Exhibit 8, # 2 Exhibit 9, # 3 Exhibit 10, # 4
`Exhibit 11, # 5 Exhibit 12, # 6 Exhibit 13, # 7 Exhibit 14)(Ciccarelli, Massimo)
`(Entered: 12/18/2020)
`Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document, #
`2 Sealed Document, # 3 Sealed Document, # 4 Sealed Document, # 5 Proposed
`Order) (Ciccarelli, Massimo) (Entered: 12/18/2020)
`Attorneys filing Counterclaims adding patents-in-dispute must update the form
`AO120, FLATTEN, and e-file using the "Notice of Filing of Patent/Trademark
`Form" event. Counterclaimants, please add the '815 patent from Count XXII, the
`'711 patent from Count XXIII, the '494 patent from Count XXIV and the '221
`patent from Count XXV. (lad) (Entered: 12/21/2020)
`Text Order GRANTING 26 Motion for Leave to File Sealed Document entered
`by Judge Alan D Albright. On December 18, 2020, Defendants 3Shape A/S and
`3Shape Trios A/Ss (3Shape or Defendants) filed a Motion to Seal Unredacted
`Contingent Answer, Affirmative Defenses, and Counterclaims. The Court has
`considered the Motion, taken notice that the Defendants filed a public, redacted
`version of the Answer that removes only confidential information and is of the
`opinion that it should be GRANTED. It is therefore ORDERED that the
`Unredacted Answer and exhibits, attached as Exhibits A and A-1A-4 to the
`Motion, be filed under seal. (This is a text-only entry generated by the court.
`There is no document associated with this entry.) (ep4) (Entered: 12/21/2020)
`Sealed Document filed: Unredacted version of 23 ANSWER, AFFIRMATIVE
`DEFENSES, AND COUNTERCLAIMS with sealed exhibits, (Attachments: # 1
`Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13) (lad) (Entered: 12/21/2020)
`Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the
`Director of the U.S. Patent and Trademark Office. (Ciccarelli, Massimo)
`(Entered: 12/22/2020)
`MOTION to Appear Pro Hac Vice by Massimo Ciccarelli Goutam Patnaik (
`Filing fee $ 100 receipt number 0542-14311695) by on behalf of 3Shape A/S,
`3Shape Trios A/S. (Attachments: # 1 Proposed Order)(Ciccarelli, Massimo)
`(Entered: 12/22/2020)
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`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
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`12/22/2020
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`Centralized CM/ECF LIVE - U.S. District Court:txwd
`MOTION to Appear Pro Hac Vice by Massimo Ciccarelli David Shaw ( Filing
`fee $ 100 receipt number 0542-14311739) by on behalf of 3Shape A/S, 3Shape
`Trios A/S. (Attachments: # 1 Proposed Order)(Ciccarelli, Massimo) (Entered:
`12/22/2020)
`Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document
`Ex. 14 to document 28, # 2 Proposed Order) (Ciccarelli, Massimo) Modified on
`12/23/2020 (lad). (Entered: 12/23/2020)
`REPLY to Response to Motion, filed by 3Shape A/S, 3Shape Trios A/S, re 21
`MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(7) or, in the Alternative,
`Transfer to the United States District Court for the District of Delaware filed by
`Counter Defendant 3Shape A/S, Counter Defendant 3Shape Trios A/S
`(Attachments: # 1 Exhibit 23, # 2 Exhibit 24, # 3 Exhibit 25, # 4 Exhibit 26, # 5
`Exhibit 27, # 6 Exhibit 28, # 7 Exhibit 29, # 8 Exhibit 30, # 9 Exhibit 31, # 10
`Exhibit 32, # 11 Exhibit 33, # 12 Exhibit 34, # 13 Exhibit 35, # 14 Exhibit 36, #
`15 Exhibit 37, # 16 Exhibit 38, # 17 Exhibit 39)(Ciccarelli, Massimo) (Entered:
`12/23/2020)
`Text Order GRANTING 32 Motion for Leave to File Sealed Document entered
`by Judge Alan D Albright. On December 23, 2020, Defendants 3Shape A/S and
`3Shape Trios A/Ss (3Shape or Defendants) filed a Motion for Leave to Seal
`Additional Document in Support of Contingent Answer, Affirmative Defenses,
`and Counterclaims. The Court has considered the Motion and isof the opinion
`that it should be GRANTED. It is therefore ORDERED that the exhibit attached
`as Exhibit 14 to the Motion be filed under seal. The Court has considered the
`Motion, taken notice that the Defendants filed a public, redacted version of the
`Answer that removes only confidential information and is of the opinion that it
`should be GRANTED. (This is a text-only entry generated by the court. There is
`no document associated with this entry.) (ep4) (Entered: 12/28/2020)
`Sealed Document filed : Ex. 14 to document 28. (bw) (Entered: 12/29/2020)
`Text Order GRANTING 30 Motion to Appear Pro Hac Vice for Attorney
`Goutam Patnaik for 3Shape A/S and 3Shape Trios A/S. Before the Court is the
`Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion,
`finds it should be GRANTED and therefore orders as follows: IT IS ORDERED
`the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER
`ORDERED that Applicant, if he/she has not already done so, shall immediately
`tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in
`compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies
`and Procedures for Electronic Filing, the attorney hereby granted to practice pro
`hac vice in this case must register for electronic filing with our court within 10
`days of this order entered by Judge Alan D Albright. (This is a text-only entry
`generated by the court. There is no document associated with this entry.) (mm6)
`(Entered: 12/30/2020)
`Text Order GRANTING 31 Motion to Appear Pro Hac Vice for Attorney David
`J. Shaw for 3Shape A/S and 3Shape Trios A/S. Before the Court is the Motion
`for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it
`should be GRANTED and therefore orders as follows: IT IS ORDERED the
`Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER
`ORDERED that Applicant, if he/she has not already done so, shall immediately
`tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in
`compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies
`and Procedures for Electronic Filing, the attorney hereby granted to practice pro
`
`https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?111541532243443-L_1_0-1
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`Centralized CM/ECF LIVE - U.S. District Court:txwd
`hac vice in this case must register for electronic filing with our court within 10
`days of this order entered by Judge Alan D Albright. (This is a text-only entry
`generated by the court. There is no document associated with this entry.) (mm6)
`(Entered: 12/30/2020)
`Unopposed MOTION for Extension of Time to File Answer re 23 Answer to
`Complaint, Counterclaim by Align Technology, Inc.. (Attachments: # 1 Proposed