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Case 1:18-cv-00886-LPS Document 401 Filed 07/09/21 Page 1 of 2 PageID #: 17144
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`Plaintiff,
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`
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`v.
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`3SHAPE A/S,
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`ALIGN TECHNOLOGY, INC.,
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`
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`Defendant.
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`)
`)
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`)
`)
`)
`)
`)
`)
`)
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`C.A. No. 18-886-LPS
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`MOTION FOR SUMMARY JUDGMENT
`AND PRECLUSION OF EXPERT TESTIMONY UNDER DAUBERT
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`Defendant Align Technology, Inc. (“Align”) respectfully moves this Court for:
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`(1) summary judgment in favor of Align that claims 1-5, 9-13, 16-19, 21 and 22 of U.S.
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`Patent No. 10,349,042 are invalid for lack of written description;
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`(2) summary judgment in favor of Align that claims 18, 18, and 19 of U.S. Patent No.
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`10,349,042 are invalid as indefinite;
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`(3) summary judgment in favor of Align that Align does not infringe claims 1-25 of U.S.
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`Patent No. 9,629,551;
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`(4) partial summary judgment in favor of Align that 3Shape is not entitled to damages on
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`U.S. Patent No. 10,349,042 for sales occurring before 3Shape provided notice of that patent;
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`(5) an order under Daubert precluding 3Shape’s expert Dr. James Zavislan from relying
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`on anything other than the plain and ordinary meaning of “non-parallel” and “diverging”;
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`(6) an order under Daubert precluding 3Shape’s expert Dr. Edward Delp from
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`contradicting the Court’s claim construction or the meaning of “permanently disregarding” and
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`“single evaluation”; and
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`

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`Case 1:18-cv-00886-LPS Document 401 Filed 07/09/21 Page 2 of 2 PageID #: 17145
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`(7) an order under Daubert precluding 3Shape expert Rich Goodin from testifying.
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`The grounds for this motion are set forth in Align’s opening brief, filed
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`contemporaneously herewith. A proposed order is attached.
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`
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`OF COUNSEL:
`Mark L. Levine
`Reid Bolton
`Benjamin Montague
`BARTLIT BECK LLP
`54 West Hubbard Street, Suite 300
`Chicago, IL 60654
`Tel: (312) 494-4400
`
`John M. Hughes
`BARTLIT BECK LLP
`1801 Wewatta Street, Suite 1200
`Denver, CO 80202
`Tel: (303) 592-3100
`
`Dated: July 9, 2021
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`
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`
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`/s/ John W. Shaw
`John W. Shaw (No. 3362)
`Karen E. Keller (No. 4489)
`Jeff Castellano (No. 4837)
`SHAW KELLER LLP
`I.M. Pei Building
`1105 North Market Street, 12th Floor
`Wilmington, DE 19801
`Tel: (302) 298-0700
`jshaw@shawkeller.com
`kkeller@shawkeller.com
`jcastellano@shawkeller.com
`Attorneys for Defendant
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