Smile Direct Club v. Candid Care - Complaint (Seeking 289 For UP Infringement)

Case 6:20-cv-01115 Document 1 Filed 12/08/20 Page 1 of 16
UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION
SMILEDIRECTCLUB, LLC, )
)
Plaintiff, )
)
vs. ) Civil Action No. 6:20-cv-1115
)
CANDID CARE CO., )
)
Defendant. )
)
)
COMPLAINT
Plaintiff SmileDirectClub, LLC (“Plaintiff” and/or “SDC”), for its complaint against
defendant Candid Care Co. (“Defendant” and/or “Candid”) alleges as follows:
BACKGROUND AND NATURE OF ACTION
1. SDC pioneered the direct-to-consumer market for clear aligners used in
orthodontics.
2. SDC’s systems and methods provide advances in coordinated and distributed
telemedicine that allow consumers to straighten their teeth at 60 percent below the prices of
traditional in-office orthodontic treatments and without the hassle and inconvenience of in-person
monthly dental visits.
3. As part of these advanced telemedicine systems and methods, SDC operates a
national chain of SmileShop® retail stores, which form a core part of its dental support
organization (“DSO”) business.

4. During a visit to one of SDC’s SmileShop® retail stores, staff members gather
comprehensive patient data for subsequent review and assessment by a dentist or orthodontist who
uses SDC’s telemedicine technology to treat patients including two-dimensional and three-
dimensional images of patients’ teeth and gums, health and dental histories; and also provide
patients with information about financing and pricing, clear aligner therapy in general, and
visualizations of how the aligners can let patients change their own smiles.
5. The affordability and accessibility of clear aligners available through SDC’s
systems and methods, including the use of the SmileShop® retail stores, has disrupted traditional
orthodontic delivery models. It has also subjected SDC to copyists, who seek to improperly benefit
from SDC’s innovation.
6. Indeed, recognizing SDC’s success, Candid began opening its own version of
SmileShops® in 2018, which it calls “Candid Studios.” In so doing, and on information and belief,
Candid knowingly copied the systems and methods employed in SDC’s SmileShops® while fully
aware that SDC was seeking patent protection for those systems and methods.
7. On December 8, 2020, the United States Patent Office issued U.S. Patent No.
10,861,599 (the ’599 patent), attached as Exhibit A.
8. SDC now brings this patent infringement action. SDC seeks damages for Candid’s
infringement of the ’599 patent and an injunction barring Candid from further infringement.
JURISDICTION AND VENUE
9. This action arises under the patent laws of the United States, 35 U.S.C. § 271, et
seq. Therefore, this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
1338(a).
10. This Court has personal jurisdiction over Candid in that at all times pertinent hereto,
upon information and belief, Candid has systematic activities in this Judicial District and has
and/or is committing infringing acts in Texas and this District.
11. Venue properly lies in this Judicial District pursuant to 28 U.S.C. § 1400(b)
because Candid has committed acts of infringement in this District and has a regular and
established place of business in this District.
PARTIES
12. SDC is a Tennessee limited liability company with its principal place of business in
Nashville, Tennessee. SDC holds the rights to its intellectual property, including to the ’599 Patent.
13. Upon information and belief, Defendant Candid is a company organized and
existing under the laws of Delaware, with its principal place of business in New York, New York.
SDC’S DEVELOPMENT OF ITS INNOVATIVE SYSTEMS AND METHODS
14. A full 85% of Americans could benefit from orthodontic care. Yet, because more
than 60% of all counties in the U.S. do not have an orthodontist’s office and the typical price tag
for malocclusion correction is $5,000 to $8,000, a mere 1% of these consumers have been able to
receive the care they need and want each year.
15. SDC was founded in 2014 to help bridge that gap. SDC’s innovations democratized
access to teeth straightening solutions in a way that has revolutionized the dental industry. As a
result, hundreds of millions of consumers worldwide now have access to treatment of mild to
moderate malocclusion, or misalignment of the teeth, pending eligibility for clear aligner therapy,
as determined by the state-licensed doctors affiliated with SDC.
16. SDC values its innovations in this technology, which it believes gives it a significant
advantage over its competitors and potential competitors. As such, SDC maintains an active patent
protection program to safeguard its innovations and to prevent others from improperly capitalizing
on SDC’s innovation efforts. SDC’s growing patent protection program encompasses eighteen
patents issued in the United States and dozens of patent applications pending worldwide.
17. Prior to SDC’s innovations, patients had to visit state-licensed dentists or
orthodontists in person, on numerous occasions, during limited office hours, at assigned times,
throughout a years’ long course of treatment, for mild-to-moderate malocclusion (misalignment of
the teeth). In addition to the high financial cost, a treatment program of this kind was inaccessible
for those living in areas or in circumstances where the time commitment and travel required for
many repeat visits to a dentist or orthodontist office was just not possible.
18. Through its innovative systems and methods, SDC enables coordinated and
distributed dental support services including intraoral measurement services, treatment planning
and review, and orthodontic appliance manufacture and delivery, without requiring patients and
doctors to ever be in the same room. These systems and methods also provide non-clinical,
administrative dental support services, such as marketing and advertising assistance, a call center,
assistance with logistics and supply services, billing and collection services, and access to SDC’s
web-based teledentistry platform (collectively, “DSO Services”) to those dental practices who
choose to engage SDC for such DSO Services. These DSO Services enable state-licensed doctors
to offer a more affordable option for orthodontic treatment of mild to moderate cases of
malocclusion with clear aligner therapy – safely, discreetly, and without the hassle of in-person
monthly visits.
19. SDC engages in extensive on-line marketing. Consumers interested in exploring
whether doctors using the SDC DSO Services, including the teledentistry platform, can assist them
to straighten their teeth, can visit the SDC website, and schedule a free appointment at an SDC
SmileShop® location.
20. Consumers request an appointment at a SmileShop® via SDC’s online appointment
management system. The appointment management system receives the appointment request,
schedules an appointment, and then generates and communicates to the consumer confirmation for
the upcoming SmileShop® appointment, among other features.
21. Each SmileShop® is a comfortable retail location. Starting with the information
provided by the consumer, SmileGuides take photos of the consumer’s teeth and gums using both
a traditional camera and a sophisticated camera, such as an iTero scanner, which takes
approximately 6,000 photos per second. These sophisticated photographs feed into a computer
program that generates a 3D image of the consumer’s teeth and gums that is sent to a dental lab,
along with the other information collected from the consumer, for the creation of a draft treatment
plan to address the consumer’s chief complaint.
22. Once the detailed 3D images are generated, the draft treatment plan is created and
uploaded to SDC’s remote SMILECHECK platform. Similarly, SDC uploads the consumer’s
medical and dental history and informed consent and other relevant information and photos to
SDC’s remote SMILECHECK platform. After assessing all information uploaded by SDC and
such other information, documentation and/or clearances that the state-licensed treating doctor
determines is necessary, the treating doctor decides in his or her professional opinion, whether that
consumer is a viable candidate for remote clear aligner therapy. If so, the treating doctor reviews
and modifies, as necessary, the draft treatment plan.
23. Once approved, a 3D rendering of what the patient’s teeth currently look like and
how their teeth will move over the course of proposed treatment is uploaded to the patient’s
account on the SDC online portal for the patient to log into and view. If the patient is satisfied with
their treatment plan and elects to move forward, the patient approves the treatment plan, and the
treating doctor authorizes a prescription order for the clear aligners to be manufactured.
24. SDC then fulfills the prescription by arranging for the manufacture and shipment
of the aligners from an FDA-approved and certified manufacturing facility, and then ships the clear
aligners directly to the patient’s address at the direction of the treating doctor.
25. The consumer and his or her treating doctor control all clinical decisions, while
SDC handles the logistics of their interactions. In other words, the consumer is the doctor’s patient,
and the doctor alone directs treatment and makes medical and clinical decisions for the patient, but
without actually seeing the patient in person. SDC, on the other hand, provides the front- and back-
office operations for the doctor, which enables her to focus on her patient’s treatment.
26. Unfortunately, where SDC leads, Candid follows. SDC expended significant
resources to develop, perfect, and stand-up its systems and methods, including numerous
SmileShops® across the United States. Candid, not content to simply copy SDC’s impression kit
model (in whole or in part), began to set up its own Smile Shops, which it calls “Candid Studios,”
and implement the same detailed systems and methods developed by SDC, in an infringement of
SDC’s intellectual property rights.
THE PATENT-IN-SUIT
27. SDC is the assignee and owner of the ’599 patent entitled “Arrangements for
Intraoral Scanning.” The ’599 patent was issued on December 8, 2020.
28. The ’599 patent is directed to technological improvements in coordinated and
distributed processing of intraoral scan data for production of clear aligners for dental realignment.
As the background of the ’599 patent makes clear, prior systems required co-location and
coordination between the patient, the orthodontist, and impression generation systems (either
physical or digital). (Ex. A, ’599 patent at 1:24-54.)
29. This coordination requires “significant time” and “significant inconvenience to the
patient and increases the cost of the treatment plan to both the dental professional and the patient.”
(Id. at 1:39-55.) By contrast, the systems and methods of the ’599 patent provide for distributed
impression generation and analysis “without a dentist or orthodontist physically seeing the user.”
(Id. at claim 1.) As the ’599 patent explains, because “the doctor may approve of the treatment
plan for the user without having to physically see the user in person… the user may not be
inconvenienced with a trip to a doctor’s office, which may also save time for the user.” (Id. at
15:21-26.)
30. The ’599 patent discloses requesting an appointment: “the user 104 may access a
website (or other network-based portal) associated with the appointment management system 100.
The user 104 may book an appointment at an intraoral scanning site 106 on the website.” (Id. at
5:7-11; see also 5:11-9:56.)
31. The ’599 patent further encompasses pre-appointment messaging services. (Id. at
9:57-12:19.) For example, “one or more messages may be automatically generated to the use 104
(e.g., via respective communications device(s).” (Id. at 9:59-62.) “[T]he message generator 136
can include instructions for generating an appointment confirmation message” and “[t]he
appointment confirmation message may be or include a message that indicates that the user’s 104
appointment has successfully been reserved.” (Id. at 10:23-33.) “[T]he message generator 136 can
include instructions for generating one or more appointment reminder messages.” (Id. at 10:49-
51.)
32. The ’599 patent also includes intraoral scanning: “the user 104 may be directed to
a room where the user 104 will receive their intraoral scan. A technician at the scan shop 106 may
administer the intraoral scan. The technician may administer the intraoral scan using, for instance
an iTero® scanner. As the technician administers the intraoral scan, the intraoral scanner may
produce data which is visually represented on a display. The data may correspond to a three-
dimensional scan of the user’s 104 mouth.” (Id. at 13:43-50.)
33. After the intraoral scan is complete, “a quality control technician may review and
approve the intraoral scan. The quality control technician may be located at the intraoral scanning
site 106… [or] the quality control technician may be located remotely.” (Id. at 14:6-11.) “[T]he
quality control technician may ensure that subsequent visits to the intraoral scanning site 106 or
unnecessary calls to the user 104 are avoided by collecting all necessary information during a
single appointment of the user 104.” (Id. at 14:23-26.) “Once the quality control technician
approves of the intraoral scan (and photographing), the user 104 may leave the room where the
user 104 received their intraoral scan.” (Id. at 14:41-43.)
34. After the intraoral scan is complete and approved by the quality control technician,
a treatment plan is created from the three dimensional data, (id. at 15:42-48), for the doctor’s
approval “without having to physically see the user in person.” (Id. at 15-23-24.) “[O]nce the
treatment plan is approved by the doctor, the treatment plan may be . . . automatically uploaded to
the user portal.” (Id. at 15:12-24.)
35. Further, upon approval by the doctor, the data for the treatment plan is provided to
a fabrication site (id. at 2:47-67; 15:49-64), and the fabricated aligners are sent to the user. (Id. at
15:65-66.)
36. Thus, the methods and systems claimed in the ’599 patent coordinate activities of
distributed components including at least an appointment management system, an intraoral
scanning site, a treatment plan site, and a fabrication site, and includes:
• “receiving, by an appointment management system, a request to schedule an appointment
at an intraoral scanning site having an intraoral scanner configured to conduct an intraoral
scan of a mouth of a user” (id. at 1:61-65);
• “scheduling, by the appointment management system, the appointment in accordance with
the request” (id. at 1:65-67);
• “generating and communicating, by the appointment management system, a message to
the user… includ[ing] a confirmation confirming the scheduled appointment” (id. at 1:67-
2:3);
• “conducting, using the intraoral scanner, the intraoral scan at the intraoral scanning site
during the scheduled appointment. The intraoral scan generates three-dimensional data of
the mouth of the user” (id. at 2:4-7);
• “generating, by a treatment plan computing system at a treatment plan site, a treatment plan
for the user based on the three-dimensional data of the mouth of the user” (id. at 2:7-10);
• “receiving an approval of the treatment plan by a dental or orthodontic professional. The
approval is received without the dental or orthodontic professional physically seeing the
user in person” (id. at 2:10-14);
• “producing, at a fabrication site, a plurality of aligners based on the treatment plan. The
plurality of aligners are specific to the user and are configured to reposition one or more
teeth of the user in accordance with the treatment plan” (id. at 2:14-18); and
• “sending the plurality of aligners to the user.” (Id. at 2:18- 2:19.)

CANDID’S INFRINGEMENT OF THE ’599 PATENT
37. The application that matured into the ’599 patent, U.S. Patent Application No.
16/859,950 (“the ’950 application”) was filed on April 27, 2020, and claims priority to an
application filed on June 21, 2017. The ’950 application was first published and publicly available
on August 13, 2020.
38. On information and belief, Candid knew about SDC’s application upon publication.
Therefore, on information and belief, Candid was fully aware that SDC sought patent protection
in the inventions disclosed and claimed in the ’599 patent since at least August 2020.
39. Despite the knowledge, Candid’s operation of its Candid Studios infringe and
continue to infringe the systems and methods of ’599 patent.
40. Claim 16 of the ’599 patent recites:
A method of producing aligners for repositioning one or more teeth of a user, the
method comprising:
receiving, by an appointment management system, a request to schedule an

appointment at an intraoral scanning site, the intraoral scanning site having an intraoral
scanner configured to scan a mouth of a user, the appointment being for a technician to
conduct an intraoral scan of the mouth of the user at the intraoral scanning site without a
dentist or orthodontist physically seeing the user during the scheduled appointment;
scheduling, by the appointment management system, the appointment at the

intraoral scanning site based on the request;
generating and causing transmission of, by the appointment management system, a

message to a device of the user, the message including a confirmation confirming the
scheduled appointment;
conducting, using the intraoral scanner, the intraoral scan at the intraoral scanning
site during the scheduled appointment, the intraoral scan generating three-dimensional data
of the mouth of the user;
causing generation of, by a treatment plan computing system located at a treatment

plan site, a treatment plan for the user based on the three-dimensional data;
receiving an indication of an approval of the treatment plan by a dentist or an

orthodontist, wherein the approval is received without the approving dentist or orthodontist
having physically seen the user;
producing, at a fabrication site, a plurality of aligners based on the treatment plan,

the plurality of aligners specific to the user and being configured to reposition one or more
teeth of the user in accordance with the treatment plan; and
sending the plurality of aligners from the fabrication site directly to the user,
wherein the user receives orthodontic treatment without ever having physically seen the
approving dentist or orthodontist.
41. On information and belief, Candid receives, by an appointment management
system, a request to schedule an appointment for an intraoral scan at a Candid Studio location.
Candid’s website explains that an appointment at a Candid Studio location may be made by visiting
Candid’s website at candidco.com/studios, scrolling down to the list of locations, and clicking the
“Book Now” link on the location that the user would like to visit. 1
42. Candid Studio locations use intraoral scanners configured to scan the mouths of
customers. Candid’s website explains that “[t]he process starts with a 3D scan of your teeth at a
Candid Studio location.” 2 The website further states that Candid’s intraoral scanner “takes
thousands of pictures every second, which are then meshed together into a high-definition 3D
image that serves as a replica of your mouth.” 3 Candid Studios use iTero® scanners, the same type
of intraoral scanners disclosed in the ’599 patent and used in SmileShop® locations.
43. The intraoral scan is performed by a technician without a dentist or orthodontist
physically seeing the user during the scheduled appointment. Candid’s website explains that there
is not an orthodontist on site at Candid Studio locations and that “you won’t see your orthodontist
1
See https://www.candidco.com/faq/q/how-do-i-make-an-appointment, last visited December 8, 2020.
2
https://www.candidco.com/faq/q/how-is-my-treatment-plan-made, last visited December 8, 2020.
3
https://www.candidco.com/faq/q/how-does-a-scan-work, last visited December 8, 2020.
in person.” 4 Rather, the intraoral scans are performed by “care specialists” who are “experts on the
photo and 3D scan process.” 5
44. On information and belief, Candid’s appointment management system schedules
appointments at Candid Studio locations. 6
45. On information and belief, Candid’s appointment management system generates
and causes transmission of a message to the customer confirming the scheduled appointment. 7
46. During the user’s scheduled appointment, a Candid “care specialist” conducts an
intraoral scan of the user’s mouth using an intraoral scanner which generates three-dimensional
data of the mouth of the user. Candid’s website explains that the intraoral scanner “takes thousands
of pictures every second, which are then meshed together into a high-definition 3D image that
serves as a replica of your mouth.” 8
47. After the intraoral scan takes place at the Candid Studio, a treatment plan is
generated for the user based on the three-dimensional data of the mouth of the user gathered in
connection with the intraoral scans. Candid’s website explains that “[a]fter your studio visit, your
diagnostic records (the 3D scan, 8 intraoral and extraoral photos, and a dental and medical history
questionnaire) are submitted to a state-licensed orthodontist in our network. Once they’ve
reviewed your records and approved you for treatment, your treatment plan will be designed.” 9
48. On information and belief, the treatment plan is generated by a treatment plan
computing system located at a treatment plan site. 10
4
https://www.candidco.com/faq/q/orthodontist-on-site-at-studio, last visited December 8, 2020.
5
Id.
6
See https://www.candidco.com/faq/q/how-do-i-make-an-appointment, last visited December 8, 2020.
7
Id.
8
https://www.candidco.com/faq/q/how-does-a-scan-work, last visited December 8, 2020.
9
https://www.candidco.com/faq/q/how-is-my-treatment-plan-made, last visited December 8, 2020.
10
Id.
49. Thereafter, the user’s treatment plan is approved by a dentist or an orthodontist
without the approving dentist or orthodontist having seen the user in person. Candid’s website
explains that the user “won’t see your orthodontist in person,” 11 but that “after your studio visit,
an experienced orthodontist in our network will design and engineer your individualized treatment
plan.”
12
50. Candid’s aligners are produced at a fabrication site based on the individual user’s
treatment plan and then sent to the user. Candid’s website describes that “[o]nce you approve your
treatment plan, your aligners will be custom-fabricated and shipped to you within three weeks.” 13
51. The aligners are specific to the user and are configured to reposition one or more
teeth of the user in accordance with the treatment plan. The Candid website explains “[a]ligners
work by using carefully calibrated force to move your teeth into a new position, forcing the body
to adapt by remodeling the bone. Each set of aligners is a unique 3D-printed model of the teeth
designed to move them into different positions along the way to the desired end result.” 14 The
website further explains that “[t]he individualized treatment plan your orthodontist prescribes will
harness these biomechanical processes to straighten your teeth gently and gradually. Each step —
that is, each new set of aligners — will move them only in small, conservative increments.
Eventually your teeth will have moved fully into place, and the active phase of treatment will be
complete.” 15
52. On information and belief, the aligners are sent from the fabrication site directly to
the user without the user ever having physically seen the dentist or orthodontist that approved the
11
12
https://www.candidco.com/faq/q/will-i-see-a-model-of-my-teeth, last visited December 8, 2020.
13
https://www.candidco.com/faq/q/when-do-i-get-aligners, last visited December 8, 2020.
14
https://www.candidco.com/faq/q/how-do-aligners-work, last visited December 8, 2020.
15
Id.
treatment plan. Candid’s website describes that “[o]nce you approve your treatment plan, your
aligners will be custom-fabricated and shipped to you within three weeks.” 16 Further, Candid’s
website explains that there is not an orthodontist on site at Candid Studio locations and that “you
won’t see your orthodontist in person.” 17
53. Therefore, Candid at least directly infringes claim 16 of the ’599 patent in violation
of 35 U.S.C. § 271.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 10,861,599
54. SDC repeats and realleges each and every allegation contained in paragraphs 1-53,
inclusive, as though fully set forth herein.
55. The ’599 patent is valid and enforceable.
56. SDC is the owner of all right, title, and interest in and to the inventions claimed in
the ’599 patent. SDC is entitled to receive all damages and the benefits of all other remedies for
Candid’s infringement.
57. Candid has had actual notice of the ’599 patent since at least December 8, 2020.
58. Candid makes, uses, sells, and/or offers for sale methods and systems that directly
infringe, either literally or under the doctrine of equivalents, one or more claims of the ’599 patent,
including at least independent claim 16 in violation of 35 U.S.C. § 271(a).
59. Candid’s conduct has caused and will continue to cause SDC substantial damage,
including irreparable harm, for which SDC has no adequate remedy at law, unless and until Candid
is enjoined from infringing the ’599 patent.
16
https://www.candidco.com/faq/q/when-do-i-get-aligners, last visited December 8, 2020
17
PRAYER FOR RELIEF
Wherefore, SDC respectfully prays for entry of a judgment and relief as follows:
A. For a judgment that Candid has infringed the ’599 patent;
B. For a preliminary and permanent injunction enjoining Candid and its agents,
officers, directors, employees and all persons in privity or active concert or participation with
them, directly or indirectly, from infringing, inducing others to infringe, or contributing to the
infringement of the ’599 patent;
C. For a judgment and award that Candid account for and pay to SDC damages
adequate to compensate for Candid’s infringement of the ’599 patent, including lost profits but
in no event less than a reasonable royalty;
D. For a judgment and award of Candid’s total profits in an amount subject to proof
at trial, pursuant to 35 U.S.C. § 289;
E. For a judgment and award of any supplemental damages sustained by SDC for
any continuing post-verdict infringement of the ’599 patent until entry of final judgment with an
accounting as needed;
F. For an order finding that this case is exceptional case under 35 U.S.C. § 285 and
awarding SDC its costs, expenses, and disbursements incurred in this action, including reasonable
attorneys’ fees as available by law to be paid by Candid;
G. For an award of pre-judgment interest, post-judgment interest, and costs in this
action; and
H. For an award of such other relief to SDC as this Court deems just and proper.
DEMAND FOR JURY TRIAL
SDC demands a trial by jury on all issues so triable.

Dated: December 8, 2020 FOLEY & LARDNER LLP
By: s/ Paul V. Storm

Paul V. Storm, TX Bar No. #19325350
Sara A. Brown, TX Bar No. #24075773
Foley & Lardner LLP
2021 McKinney Avenue, Suite 1600
Dallas, TX 75201-3340
Telephone: 214.999.3000
Facsimile: 214.999.4667
E-mail: pvstorm@foley.com
E-mail: sabrown@foley.com
Of Counsel:
Cynthia J. Rigsby (pro hac vice forthcoming)

Michelle A. Moran (pro hac vice forthcoming)
Sarah E. Rieger (pro hac vice forthcoming)
Foley & Lardner LLP
777 East Wisconsin Avenue
Milwaukee, WI 53202-5306
Telephone: 414.271.2400
Facsimile: 414.297.4900
E-mail: crigsby@foley.com
E-mail: mmoran@foley.com
E-mail: srieger@foley.com
Attorneys for Plaintiff SmileDirectClub, LLC

Case 6:20-cv-01115 Document 1-1 Filed 12/08/20 Page 1 of 24
EXHIBIT A
JS 44 (Rev. 10/20) Case 6:20-cv-01115 Document
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I. (a) PLAINTIFFS DEFENDANTS
SmileDirectClub, LLC Candid Care Co.
(b) County of Residence of First Listed Plaintiff Davidson County, TN County of Residence of First Listed Defendant New York County, NY
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Cynthia Rigsby, Foley & Lardner LLP, 777 East

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Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
✖ 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. § 271
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement under 35 U.S.C. § 271
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ✖ Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER 6:2-cv-1115
DATE SIGNATURE OF ATTORNEY OF RECORD
Dec 8, 2020 Cynthia J. Rigsby Digitally signed by Cynthia J. Rigsby
Date: 2020.12.08 17:50:52 -06'00'
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 10/20) Case 6:20-cv-01115 Document 1-2 Filed 12/08/20 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
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Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service.
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Smile Direct Club v. Candid Care - Complaint (Seeking 289 For UP Infringement)

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Smile Direct Club v. Candid Care - Complaint (Seeking 289 For UP Infringement)

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Case 6:20-cv-01115 Document 1 Filed 12/08/20 Page 1 of 16

UNITED STATES DISTRICT COURT

defendant Candid Care Co. (“Defendant” and/or “Candid”) alleges as follows:

BACKGROUND AND NATURE OF ACTION

1. SDC pioneered the direct-to-consumer market for clear aligners used in

2. SDC’s systems and methods provide advances in coordinated and distributed

monthly dental visits.

3. As part of these advanced telemedicine systems and methods, SDC operates a

organization (“DSO”) business.

5. The affordability and accessibility of clear aligners available through SDC’s

from SDC’s innovation.

10,861,599 (the ’599 patent), attached as Exhibit A.

JURISDICTION AND VENUE

and/or is committing infringing acts in Texas and this District.

established place of business in this District.

SDC’S DEVELOPMENT OF ITS INNOVATIVE SYSTEMS AND METHODS

receive the care they need and want each year.

as determined by the state-licensed doctors affiliated with SDC.

17. Prior to SDC’s innovations, patients had to visit state-licensed dentists or

throughout a years’ long course of treatment, for mild-to-moderate malocclusion (misalignment of

19. SDC engages in extensive on-line marketing. Consumers interested in exploring

20. Consumers request an appointment at a SmileShop® via SDC’s online appointment

the upcoming SmileShop® appointment, among other features.

plan to address the consumer’s chief complaint.

and modifies, as necessary, the draft treatment plan.

SDC’s intellectual property rights.

Intraoral Scanning.” The ’599 patent was issued on December 8, 2020.

28. The ’599 patent is directed to technological improvements in coordinated and

physical or digital). (Ex. A, ’599 patent at 1:24-54.)

5:7-11; see also 5:11-9:56.)

dimensional scan of the user’s 104 mouth.” (Id. at 13:43-50.)

user 104 received their intraoral scan.” (Id. at 14:41-43.)

the user portal.” (Id. at 15:12-24.)

distributed components including at least an appointment management system, an intraoral

• “receiving, by an appointment management system, a request to schedule an appointment

at an intraoral scanning site having an intraoral scanner configured to conduct an intraoral

scan of a mouth of a user” (id. at 1:61-65);

• “scheduling, by the appointment management system, the appointment in accordance with

the request” (id. at 1:65-67);

• “generating and communicating, by the appointment management system, a message to

the mouth of the user” (id. at 2:4-7);

• “receiving an approval of the treatment plan by a dental or orthodontic professional. The

user in person” (id. at 2:10-14);

• “sending the plurality of aligners to the user.” (Id. at 2:18- 2:19.)

CANDID’S INFRINGEMENT OF THE ’599 PATENT

on August 13, 2020.

continue to infringe the systems and methods of ’599 patent.

40. Claim 16 of the ’599 patent recites:

receiving, by an appointment management system, a request to schedule an

scheduling, by the appointment management system, the appointment at the

generating and causing transmission of, by the appointment management system, a

causing generation of, by a treatment plan computing system located at a treatment

receiving an indication of an approval of the treatment plan by a dentist or an

producing, at a fabrication site, a plurality of aligners based on the treatment plan,

41. On information and belief, Candid receives, by an appointment management

43. The intraoral scan is performed by a technician without a dentist or orthodontist

photo and 3D scan process.” 5

44. On information and belief, Candid’s appointment management system schedules

appointments at Candid Studio locations. 6

45. On information and belief, Candid’s appointment management system generates

serves as a replica of your mouth.” 8

questionnaire) are submitted to a state-licensed orthodontist in our network. Once they’ve

computing system located at a treatment plan site. 10