ITC Seeks To Extend Deadline for Rehearing Petitions in ClearCorrect Case
The International Trade Commission asked the U.S. Court of Appeals for the Federal Circuit to grant a 30-day extension for the filing of petitions for rehearing or rehearing en banc its case against corrective orthodontic device manufacturer ClearCorrect. The agency…
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submitted a motion for a deadline extension Tuesday, citing its counsel's conflicts of time and preparation for other arguments as reasons for the request. The case concerns the appeal by ClearCorrect of an ITC ruling that its U.S. facilities could no longer receive transmissions of digital molds of patients' teeth -- allegedly infringing on patents from industry competitor Align Technology -- from the company's affiliate in Pakistan. Last month, the Federal Circuit entered a 2-1 decision in favor of ClearCorrect (see 1511100047), overturning ITC's previous ruling that it has the jurisdiction to block international transmissions of digital information. The agency is "in the process of considering whether to seek rehearing in this appeal" and "good cause exists for the requested extension," said ITC Counsel Sidney Rosenzweig in the motion. Rosenzweig also cited a "nonrefundable vacation" in mid-December and the planned absences of his supervisor and others at the commission during the holiday season as reasons the ITC seeks a new filing deadline. ClearCorrect and intervenor Align Technology indicated they don't oppose the motion for a deadline extension, said Rosenzweig. ClearCorrect General Counsel Michael Myers told us last month he "wouldn't be surprised" if the case is heard en banc. The current deadline for filing a rehearing petition is Dec. 28 but would be moved to Jan. 27 if ITC's motion for extension is granted.