Albright Slams 'Blatant Forum Shopping' In SmileDirect Case

By Britain Eakin (August 12, 2021, 4:29 PM EDT) -- U.S. District Judge Alan Albright has shipped a case to Delaware after finding that SmileDirectClub's decision to file a patent infringement suit against Candid Care in the Western District of Texas was an act of "blatant forum shopping."

In an Aug. 5 order, Judge Albright said the asserted teledentistry patent, U.S. Patent No. 10,861,599, was issued the day after a Delaware federal judge invalidated a nearly identical SmileDirectClub LLC patent under Section 101 of the Patent Act in a different case against Candid Care Co. Although SmileDirect had represented that it planned to add the '599 patent to the Delaware case,...

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