Certain Clear Aligners and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting In Part a Motion To Amend the Complaint and Notice of Investigation

Brief takeaway: A U.S. International Trade Commission Section 337 patent investigation into certain clear aligners and their components has been broadened to include additional patent claims, which importers of such products may want to watch.

What changed: According to the notice, the Commission determined not to review the chief administrative law judge's initial determination that granted a motion to amend the complaint and notice of investigation. The notice states the amendment adds allegations of infringement of specific claims across four patents: claim 24 of the '313 patent, claim 28 of the '314 patent, claims 2 and 14 of the '977 patent, and claim 9 of the '616 patent.

Who's affected: The notice names "Certain Clear Aligners and Components Thereof" as the products at issue in the investigation. Specific HTS codes and countries of origin are not stated in the notice.

What to review:
- Review whether your imported products fall within the "clear aligners and components thereof" category described in the notice.
- Check the identified patents and asserted claims against your products with qualified patent or trade counsel.
- Confirm with your customs broker or counsel whether this ongoing Section 337 investigation may be relevant to your supply chain.
- Review the status of the broader investigation for any future exclusion or cease-and-desist orders.

This is general information, not legal advice and not a compliance determination — confirm specifics with a licensed customs broker or trade counsel.