In Align Technology, CAFC finds no substantial evidence from PTAB or appellee ClearCorrect

The outcome:Align Technology, Inc., owns U.S. Patent No.6,699,037. In an inter partes review requested byClearCorrect Operating, LLC, the Patent Trial and AppealBoard determined that claims 1, 2, 9, and 10 areunpatentable. The Board’s determination rested on itsfindings regarding the key prior art, U.S. Patent No.6,068,482 (Snow), as teaching certain claim elements andthe motivation of a skilled artisan to combine that referencewith others. Neither the Board’s decision norClearCorrect’s brief on appeal reveals substantial evidencein support of those findings. We vacate the Board’sfinal written decision and remand the matter for furtherproceedings consistent with this opinion. We affirm theBoard on the one issue of claim construction presented tous. Of substantial evidence:Whether ClearCorrect has demonstrated a motivation to combinethe identified prior art references is an underlying questionof fact that we review for substantial evidence support.See…

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