`
`
`
`
`
`John W. Shaw
`I.M. Pei Building
`1105 North Market St., 12th Floor
`Wilmington, DE 19801
`(302) 298-0701 - Direct
`jshaw@shawkeller.com
`
`November 24, 2020
`
`Re:
`
`Align Technology, Inc. v. 3Shape A/S et al., 18-1949-LPS (D. Del.)
`
`
`BY CM/ECF
`The Honorable Leonard P. Stark
`United States District Court for the District of Delaware
`844 N. King Street
`Wilmington, DE 19801
`
`
`
`Dear Chief Judge Stark:
`
`
`Plaintiff Align Technology, Inc. (“Align “) writes concerning the potential impact of
`Align’s Motion for Leave to Amend the Complaint (“Motion”), filed today, on pending claim
`construction and discovery efforts (D.I. 184). Align’s Motion seeks to drop without prejudice
`two patents (U.S. Patent Nos. 9,844,420 and 9,975,294) as part of the overall litigation
`streamlining that the parties and the Court have been discussing (see, e.g., 1646 D.I. 478; 1646
`D.I. 501) and in advance of the Scheduling Order’s requirement for case narrowing discussions
`and/or stipulations (D.I. 54 ¶ 7(g)).
`
`The Court presently has under consideration claim construction arguments for four
`terms—two for each patent—that will not be required if the Court grants Align’s Motion.1 The
`Motion, if granted, will also streamline upcoming discovery by narrowing the litigation to the
`three Align scanner patents that will remain in the case.
`
`
`
`
`
`
`
`cc: Clerk of the Court (by CM/ECF)
`
`All counsel of record (by CM/ECF)
`
`Respectfully submitted,
`
`/s/ John W. Shaw
`
`John W. Shaw (No. 3362)
`
`
`The claim terms for U.S. Patent No. 9,844,420 are: “a reference surface passing through a
`1
`crown of each of the patient’s teeth” (claims 1, 11) and “wherein the virtual bracket is aligned with
`the graphical representation of the reference surface generated on the display” (claims 1, 11). The
`claim terms for U.S. Patent No. 9,975,294 are: “a first virtual alignment structure of the virtual upper
`jaw member that receives a second virtual alignment structure of the virtual lower jaw member or the
`virtual alignment arrangement comprises a first virtual alignment structure of the virtual lower jaw
`member that receives a second virtual alignment structure of the virtual upper jaw member” (claim 1)
`and “yield proper occlusion alignment” (claim 1).
`
`
`
`
`
`3SHAPE 1035 3Shape v Align IPR2021-01383
`
`
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