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Nobel Biocare wins ruling; ITC issues Initial Determination that Instradent is guilty of patent infringement

Yorba Linda, California, USA, November 2, 2015 – A Nobel Biocare patent relating to the NobelActive® line of dental implants was infringed upon by the Neodent® DriveCM™ implant, sold by Straumann® subsidiary Instradent® and manufactured by JJGC Indústria e Comércio de Materiais Dentários S/A, according to an Initial Determination from the United States (US) International Trade Commission (ITC).

The Notice of Initial Determination, issued on October 27, 2015, confirms that Nobel Biocare’s US Patent No. 8,764,443 is valid and also that Neodent’s DriveCM™ implant infringes that patent. The order also finds that the infringing DriveCM™ implant violates US trade law. The ITC will issue a Final Determination by February 29, 2016.      

The ITC’s determination stems from an investigation that began in October 2014 to determine whether the DriveCM™ implants violate Section 337 of the Tariff Act. The infringing DriveCM™ dental implants are Brazilian-made imports that have been sold throughout the US, and their original design has striking similarities to the patented design of the NobelActive® implant.  After the ITC formally instituted this investigation, Instradent® discontinued sales of this implant design.   

The NobelActive® line has grown to become one of the world’s most popular dental implants, supported by Nobel Biocare’s commitment to research and development spending, extensive clinical studies, and training programs for clinicians. The US patent found to be infringed relates to technology for aiding the surgical installation and successful integration of the implants in a variety of patient bone types. 

The Initial Determination separately found that the DriveCM™ implant did not infringe any valid and enforceable claim of a second Nobel Biocare patent. Nobel Biocare intends to seek further review of that ruling.

Richard Laube, Nobel Biocare’s President, commented: “Nobel Biocare has invested significant resources in research and development to continue the tradition of innovation handed down to us by Professor Per-Ingvar Brånemark, the pioneer of implant dentistry.  We will not tolerate low-quality copies of Nobel Biocare’s products that infringe our intellectual property rights, and we look forward to the ITC’s final rulings in this investigation.”

Nobel Biocare is a world leader in the field of innovative implant-based dental restorations. The company’s portfolio offers solutions from single tooth to fully edentulous indications with dental implant systems (including key brands NobelActive®, Brånemark System® and NobelReplace®), a comprehensive range of high-precision individualized prosthetics and CAD/CAM systems (NobelProcera®), diagnostics, treatment planning and guided surgery solutions (NobelClinician® and DTX Studio™) and biomaterials (creos). Nobel Biocare supports its customers through all phases of professional development, offering world-class training and education along with practice support and patient information materials. The company is headquartered in Zurich, Switzerland. Production takes place at six sites located in the United States, Sweden, Japan and Israel. Products and services are available in over 80 countries through subsidiaries and distributors.