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Den-Mat Corp. Wins Patent Infringment Suit on Lumineers

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Federal Circuit issued the decision in Den-Mat's favor
Posted: May 14, 2008

DEN-MAT® CORP. WINS PATENT INFRINGEMENT SUIT
 ON LUMINEERS®
U.S. Court of Appeals for the Federal Circuit affirms U.S. District Court for the Northern District of Illinois favorable decision for veneer manufacturer
 
         (Los Angeles, CA – May 14, 2008) – Den-Mat Corporation’s summary judgment verdict dismissing the infringement allegation of PSN Illinois was affirmed by the U.S. Court of Appeals for the Federal Circuit on Tuesday, May 6.  PSN Illinois had alleged that Den-Mat’s LUMINEERS® manufacturing process, along with similar processes employed by Ivoclar Vivadent, Inc., Micro Dental Labs, National Dentex Corp. and Dentsply International Inc., infringed the claims of its now expired patent, U.S. Patent No. 4,579,530 .
         At the District Court, Den-Mat won a summary judgment of non-infringement on a claim construction basis that its product, LUMINEERS, did not fall within the scope of the asserted PSN claims. The appeal to the U.S. Court of Appeals for the Federal Circuit centered around the interpretation of the phrase “ready for mounting,” which the district court had interpreted to mean “leaving the veneer restoration ready to be fitted to and cemented on a patient’s tooth for which is was custom-made,” according to court documents.  In its initial ruling the lower court had determined that the defendants’ process didn’t infringe the patent because it didn’t leave the veneer ready for mounting. The appeals court ultimately ruled that “ready for mounting” should have been interpreted to mean “substantially fabricated such that only final finishing and fitting operations need to be performed prior to mounting” the veneer on the specific patient’s tooth.
         “We are pleased to report that the Federal Circuit issued the decision in Den-Mat's favor, affirming the summary judgment in the original case,” states Dr. Robert Ibsen, president and chairman of Den-Mat.  “The Federal Circuit found that while the district court construed ‘ready for mounting’ too narrowly, it nevertheless affirmed the district court's summary judgment of non-infringement, because even under the correct claim construction, clearly no infringement occurred.  The LUMINEERS technology is completely different.”
            LUMINEERS veneers have changed the face of cosmetic dentistry because the process is so minimally invasive. More and more dentists are being inspired by the fact a LUMINEERS procedure leaves original teeth without removing any sensitive tooth structure and that the procedure is reversible.  Traditional veneers require the removal of sensitive tooth structure, often shaving or grinding down teeth to ugly little nubs.  Without the need for anesthesia or pain shots, LUMINEERS offers pain-free and permanent cosmetic smile enhancement. Since the process is so simple and gentle, the sensitivity usually felt after a traditional veneer procedure is eliminated.
            LUMINEERS can provide instant teeth straightening and permanent whitening. They are used in many cases to finish orthodontic treatment.  The procedure may also be used on worn teeth to strengthen them and prevent further wear.  They can even be placed over crowns to improve esthetics and help rejuvenate a smile.  LUMINEERS come with a 5-year warranty.
LUMINEERS can only be made from Cerinate® porcelain, a unique patented porcelain, crafted through a proprietary process unavailable anywhere other than the Cerinate Smile Design Studio at Den-Mat, one of the nation’s largest manufacturer of professional and consumer dental products.  LUMINEERS veneers create a custom-made smile clinically proven to last up to 20 years and more.  LUMINEERS is the best of both worlds – ultra thin or thick and super strong for a radiant smile that resists micro-cracking, which can damage restorations.
            Den-Mat LUMINEERS veneers are now a product of Santa Maria, California-based Den-Mat Holdings, LLC.  For more information, please call 1-877-LUMINEERS or visit http://www.lumineers.com.
 
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