Featured Posts
- Facebook Loses Reexaminations of Pragmatus’ Patents
- How is Reexamination Treating Round Rock Research?
- Reexamination has not Saved Apple against MobileMedia Patents, So Far
- What is an “Involved Application” in IPR Practice?
- Apple Victorious over Affinity Labs of Texas’ Portable Audio Player Patent
- Think IP Strategy Offers 2011 News Almanac
- An Update on Oracle’s Infringement Case against Google
- PTO Requests Public Comment on Proposed Rules for AIA Post-Issuance Proceedings
- Microsoft-i4i, Oracle-Google & VirnetX-Apple-Cisco Updates
- Oracle Patent to Emerge from Reexamination
- VirnetX again Sues for Infringement, and again Faces Reexaminations
- How Strong are Google’s Requests for Reexamination of the Lodsys Patents?
- PTO Board Sides with NVIDIA on Two Rambus “Barth I” Patents
- Oracle ‘520 Moves toward Confirmation in Reexamination
- Google Gets Mixed Result against Oracle’s Seventh Patent
- Did Google Request Reexamination of Lodsys Patents?
- Two Updates
- Oracle v. Google Android® Update
- Rambus Wins Limited Exclusion Order at ITC against NVIDIA, despite Pending Reexaminations
- 最初が肝心：不備のない再審査請求書を作成するために
- That’s My Patent You’re Reexamining…
- “Why Wait for Oppositions?” by Scott Daniels, 47 IDEA 343 (Law Review of Franklin Pierce Law School)
- The Basics
Noteworthy Links
- "The Interplay between Reexaminations, Preliminary Injunctions and Stays of Litigation" - by Dennis Crouch at PATENTLYO.COM
Favorite Patent Blogs
- All Things Pros
- CAFC Alert
- FDA Law Blog
- IPWatchdog
- Patent Docs
- Patently-O
- PLI Patent Law Practice Center
- Think IP Strategy
- US Patent Post-Grant Opposition
Recent Requests
PTO Statistics
The Patent Office Can Commiserate With the ITC In Administrative Procedure Act Woes
| August 8, 2014
Align Technology, Inc. v. ITC
July 18, 2014
Federal agencies such as the International Trade Commission and the United States Patent and Trademark Office enjoy broad administrative authority, and in the case of the ITC, independence. [1] These agencies’ authority, though broad, is not unbounded. The Administrative Procedure Act (APA) reins in that authority by allowing courts to vacate agency decisions that are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” up U.S.C. §706(2)(A). Align Technology v. ITC marks an instance where a federal agency is found to have overstepped its broad authority.
Align Technology, Inc. owns patents relating to dental aligners. As teeth are unique, dental aligners must be custom-designed for each patient. Align’s patents disclose various methods of obtaining data to determine the positioning of a patient’s teeth for the purpose of creating a three-dimensional digital model of the teeth. Digital data are then extracted from the three-dimensional digital model as blueprints for manufacturing successive dental aligners to incrementally move the patient’s teeth to their desired alignment.
Read More/続きを読む
