Legal Uncertainty Looms as Ninth Circuit’s Upcoming Invisalign Ruling Could Impact Patent Holders

Retired Federal Circuit Judge Paul R. Michel has expressed concerns over the potential implications of a decision by the Ninth Circuit involving Invisalign. The ongoing legal proceedings involve class action lawsuits accusing Invisalign of monopolizing the market for clear braces and teeth scanners. The allegations point to illegal refusals to engage with competitors. Judge Michel warned that a reversal of the lower court’s decision, which initially dismissed these claims, could heighten the legal uncertainties faced by patent holders. His insights are detailed further in an article from Law360.