Dental Monitoring SAS v. Align Technology, Inc. — PTAB Could Rely on Archived Prior-Art Evidence

Background

Align challenged Dental Monitoring patents involving analysis of dental images. The PTAB found claims unpatentable over prior art, including a machine-learning paper whose pre-critical-date availability was shown through archived web evidence.

The Court’s Holding

The Federal Circuit affirmed. A reference does not teach away merely because it says one option is not preferred while expressly acknowledging that option can be used. Archived arXiv snapshots and expert testimony supplied substantial evidence that the paper was publicly accessible before the critical date. The Board also acted within its discretion in qualifying a computer-vision and medical-machine-learning expert despite his lack of dentistry experience.

Key Takeaways

Discouraging language must rise above a mere preference to amount to teaching away. Web archives and testimony can establish online publication timing. Expert qualification tracks the technical issues actually in dispute, not every application-domain credential.

Why It Matters

The opinion is useful for AI-related patent disputes because it validates practical proof of early online publication and recognizes cross-disciplinary machine-learning expertise.