MidAtlantic Ortho Files For Declaratory Judgment of Non-Infringement Against Ormco Corp. Over Orthodontic Bracket Technology

 

December 5, 2017 – MidAtlantic Ortho filed a complaint on December 4, 2017 for a declaratory judgment of non-infringement, common-law and statutory unfair competition under the Lanham Act, 17 U.S.C. §1501, et seq. and the New Jersey Unfair Competition Action, N.J.S.A. 56:4-1, et. seq., disparagement/trade libel, and tortious interference with contract and prospective economic advantage against Ormco Corp. The lawsuit relates to responding to Ormco’s claim that MidAtlantic infringed Ormco’s U.S. Patent No. 7,267,545 as a result of its sale and offers to sell its FIT.20 orthodontic bracket system, as well as related alleged false statements regarding MidAtlantic’s business.

The patent at issue is U.S. Patent No. 7,267,545, entitled “Self-Ligating Orthodontic Bracket.” The case is captioned Atlantic Dental, Inc. d/b/a MidAtlantic Ortho v. Ormco Corporation, 1-17-cv-12519, and was filed in the District of New Jersey.

By: Julian G. Pymento