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3-7-19 ALGN Power Play March 19 , 270 put options stock price 266 to 227 big reversal

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3-7-19 ALGN Power Play March 19 , 270 put options stock price 266 to 227 big reversal

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Align Tech announces Initial Determination regarding investigation of 3Shape patent infringement (230.75 -0.70)
• On March 1, an Administrative Law Judge (ALJ) with the U.S. International Trade Commission (ITC) issued an Initial Determination regarding his investigation of 3Shape’s infringement of Align’s patents.
• The ALJ determined that 3Shape infringes four claims from three Align patents, but declined to find a violation of Section 337 because, based on the ALJ’s claim construction, he found that Align’s own products do not practice the claims (a requirement unique to the ITC) and that certain claims are invalid.
• Notably, the ALJ also found that an order excluding the accused 3Shape products from import into the U.S. is appropriate should the Commission, upon its further review of the Initial Determination, find a violation occurred.
• The ALJ declined to make any findings regarding two other patents raised by Align. These two patents in question are scheduled to expire after the original target date for conclusion of the investigation. Because of the government shutdown, the target date for conclusion of the investigation was extended and the two patents will expire prior to that date, thus greatly diminishing the likelihood of any remedy at the ITC.
• The Initial Determination is now subject to review by the Commissioners at the ITC. Align intends to petition for review of the findings it believes are incorrect.

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