Ernest Edward Badway, Esq. FOX ROTHSCHILD LLP 100 Park Avenue, Suite 1500 New York, New York 10017 Tel: (212) 878-7986 Fax: (212) 692-0940 [email protected]Attorneys for plaintiff OrthoArm Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------- ORTHOARM INCORPORATED Plaintiff, - against - DENTSPLY GAC INTERNATIONAL and DENTSPLY SIRONA INC., Defendants. ---------------------------------------------------------- : : : : : : : : : : : : Case No.: 16-cv-5433 COMPLAINT Jury Trial Demanded (Document Filed Electronically) Plaintiff OrthoArm Incorporated (“OrthoArm” or “Plaintiff”), for its complaint against defendants Dentsply GAC International and Dentsply Sirona Inc. (collectively “Dentsply” or “Defendants”) alleges as follows: INTRODUCTION 1. This is a patent infringement action in which Plaintiff is seeking, inter alia,a judgment that Defendants, through the sale, use, manufacture, and/or importation in or into the United States of various products identified below, infringe a United States patent owned by Plaintiff. THE PARTIES 2. Plaintiff is a company registered at 707-2300 Yonge Street, Toronto, Ontario, M4P 1E4.
Transcript
Ernest Edward Badway, Esq.FOX ROTHSCHILD LLP100 Park Avenue, Suite 1500New York, New York 10017Tel: (212) 878-7986Fax: (212) [email protected]
Attorneys for plaintiff OrthoArm Inc.
UNITED STATES DISTRICT COURTEASTERN DISTRICT OF NEW YORK----------------------------------------------------------ORTHOARM INCORPORATED
Plaintiff,
- against -
DENTSPLY GAC INTERNATIONAL andDENTSPLY SIRONA INC.,
Plaintiff OrthoArm Incorporated (“OrthoArm” or “Plaintiff”), for its complaint against
defendants Dentsply GAC International and Dentsply Sirona Inc. (collectively “Dentsply” or
“Defendants”) alleges as follows:
INTRODUCTION
1. This is a patent infringement action in which Plaintiff is seeking, inter alia, a
judgment that Defendants, through the sale, use, manufacture, and/or importation in or into the
United States of various products identified below, infringe a United States patent owned by
Plaintiff.
THE PARTIES
2. Plaintiff is a company registered at 707-2300 Yonge Street, Toronto, Ontario,
M4P 1E4.
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3. Upon information and belief, defendant Dentsply Sirona Inc. is a corporation
organized and existing under the laws of the State of Delaware, having a place of business
located at 30 30 47th Avenue, Suite 500, Long Island City, New York.
4. Upon information and belief, defendant Dentsply GAC International is a company
affiliated with Dentsply Sirona and has a principal place of business at 355 Knickerbocker
Avenue, Bohemia, NY 11716.
JURISDICTION AND VENUE
5. This action arises under Title 35 of the United States Code. Jurisdiction of this
Court is based on 28 U.S.C. §§ 1331 and 1338(a), as this action arises under the patent laws of
the United States.
6. This Court also has personal jurisdiction over defendant Dentsply GAC
International by virtue of Dentsply GAC International’s specific and continuous contacts in this
district and the State of New York. Specifically, on information and belief, Dentsply GAC
International maintains a continuous and voluntary presence in this district and the state of New
York by virtue of its permanent office located at 355 Knickerbocker Avenue, Bohemia, NY
11716.
7. This Court has personal jurisdiction over defendant Dentsply Sirona Inc. by virtue
of Dentsply Sirona Inc.’s specific and continuous contacts in this district and the State of New
York. Specifically, on information and belief, Dentsply Sirona Inc. is registered to do business
in the State of New York, has a registered agent for service of process in the State of New York,
sells its products throughout the State of New York and owns and operates a place of business in
the State of New York and in this judicial district.
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8. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b), 1391(c), and
1400(b), because one or both Defendants have committed acts of infringement and/or
contributed to and/or induced acts of infringement in this judicial district.
ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
9. Plaintiff is engaged in the business of conceiving of, developing, designing,
patenting and licensing innovative new devices, systems and methods in the field of
orthodontics, including orthodontic brackets. Plaintiff’s principal is Dr. John Voudouris, who is
an orthodontist and individual resident of Toronto, Ontario.
10. Dr. Voudouris is a practicing orthodontist and a clinical research scientist. He is
currently a member of the Discipline of Orthodontics Division of Biological Sciences as Visiting
Scholar, and teaches Craniofacial Growth and Development combined with Biomechanics at the
Orthodontic Graduate Department, New York University, College of Dentistry and the
University of Toronto. Dr. Voudouris is the listed inventor on twelve issued U.S. Patents
directed to self-ligating orthodontic brackets, including U.S. Patent Nos. 5,630,715 (the “‘715
patent”) and 8,636,507 (the “‘507 patent”).
11. The Defendants are well aware of Dr. Voudouris and OrthoArm through previous
dealings. In or about December 1997, OrthoArm and Dentsply GAC entered into a written
license agreement (the “License Agreement”), pursuant to which OrthoArm licensed to GAC,
worldwide, the right to manufacture, have manufactured, use, market, and sell a self-ligating
orthodontic bracket, including the right to grant sublicenses under the trademark “In-Ovation,”
patented by way of the ‘715 Patent.
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12. During negotiations for the Licensing Agreement, Dr. Voudouris conceived and
suggested to Dentsply GAC the use of the trademark “In-Ovation,” which Defendants ultimately
adopted. Defendants never compensated Dr. Voudouris for this contribution.
13. Upon information and belief, each of the Defendants has been involved in at least
one of manufacturing, using, offering for sale, selling, and/or importing certain orthodontic
brackets, specifically including but not limited to the brackets sold under the trade designation
“In-Ovation Mini” (the “Infringing Products”) in or into one or more states in the United States,
including the State of New York and this Judicial District.
14. On information and belief, each of the Defendants has continuous and systematic
business activities in the State of New York, including within this Judicial District, and is
involved in this Judicial District with at least one of designing, developing, conducting research
and development, using, offering for sale, selling, and/or importing the Infringing Products.
AS AND FOR A FIRST CAUSE OF ACTION(Infringement of U.S. Patent No. 8,636,507 Under 35 U.S.C. § 271)
15. Plaintiff incorporates by reference each and every allegation contained in
paragraphs 1 through 14 above.
16. Plaintiff is now the owner by assignment of the entire right, title, and interest in
and to United States Patent No. 8,636,507, entitled “Self-Ligating Orthodontic Bracket,”
including the right to sue for infringement and receive damages for such infringement. The ‘507
patent was duly and legally issued on January 28, 2014 and is now in full force and effect and
has been since its issuance. A copy of the ‘507 Patent is attached hereto as Exhibit A.
17. Plaintiff has the full right to bring any and all actions for infringement of the ‘507
Patent and to receive any and all monetary awards and obtain injunctive relief therefor.
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18. On information and belief, each of the Defendants is infringing and has infringed,
either directly and/or by contributory infringement and/or by inducing infringement, at least one
claim of the ‘507 Patent in violation of 35 U.S.C. § 271, by making, using, offering for sale,
selling, and/or importing the Infringing Products, in or into the United States.
19. A representative claim of the ‘507 Patent and a chart showing how a
representative product of the Infringing Products infringes the ‘507 Patent is provided below.
U.S. Patent No. 8,636,507 Dentsply In-Ovation Mini1. A self-ligating orthodontic bracketcomprising:
The In-Ovation Mini is a self-ligating orthodonticbracket.
a body having an archwire slotdefined at least partially by anocclusal side surface and a lingualsurface, wherein a mesio-gingivalreference plane is tangent to alingual-most point of the lingualsurface,
The In-Ovation Mini includes a body having an archwireslot defined at least partially by an occlusal side surfaceand a lingual surface, wherein a mesio-gingival referenceplane is tangent to a lingual-most point of the lingualsurface.
the body further having an occlusal-gingival opening, wherein thereference plane intersects theopening; and
The body of the In-Ovation Mini has an occlusal-gingvalopening. The reference plane that is tangent to a lingual-most point of the lingual surface of the archwire slotintersects this opening.
a locking shutter coupled to the bodyand movable between a closedposition where access to thearchwire slot is inhibited and anopen position where access to thearchwire slot is permitted,
The In-Ovation Mini includes a locking shutter coupledto the body and movable between a closed position whereaccess to the archwire slot is inhibited and an openposition where access to the archwire slot is permitted.
wherein the locking shutter includesa lingual end located in the openingat a closed lingual location when thelocking shutter is in the closedposition, and
The locking shutter of the In-Ovation Mini includes alingual end located in the opening at a closed linguallocation when the locking shutter is in the closedposition.
wherein the lingual end is located atan open lingual location when thelocking shutter is in the openposition,
The lingual end of the locking shutter is located at anopen lingual location when the locking shutter is in theopen position.
wherein the locking shutter furtherincludes a labial end located at aclosed labial location when thelocking shutter is in the closedposition and at an open labial
The locking shutter of the In-Ovation Mini includes alabial end located at a closed labial location when thelocking shutter is in the closed position and at an openlabial location when the locking shutter is in the openposition, wherein the side surface is closer to the open
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location when the locking shutter isin the open position, wherein theside surface is closer to the openlabial location than to the closedlabial location, and
labial location than to the closed labial location
wherein a first occlusal-gingivaldistance from the closed linguallocation to the open lingual locationis from 70% to 90% a secondocclusal-gingival distance from theclosed labial location to the sidesurface.
The first occlusal-gingival distance from the closedlingual location to the open lingual location of the In-Ovation Mini is from 70% to 90% a second occlusal-gingival distance from the closed labial location to theside surface In-Ovation Mini.
20. On information and belief, each of Defendants has had actual knowledge and/or
notice of the ‘507 Patent. Defendants had actual knowledge that they were engaging in
infringing activities. Defendants, therefore, specifically intended to engage in infringing actions.
21. Plaintiff has been damaged as a result of Defendants’ acts of patent infringement
in an amount to be determined at trial, and will suffer imminent and irreparable injury unless this
Court enjoins Defendants from further acts of infringement.
22. On information and belief, Defendants’ acts of infringement have been carried out
deliberately and willfully, without the consent of Plaintiff and with full knowledge of the ‘507
Patent, entitling Plaintiff to treble damages under 35 U.S.C. § 284.
23. This is an exceptional case entitling Plaintiff to an award of attorneys’ fee under
35 U.S.C. § 285.
WHEREFORE, Plaintiff OrthoArm, Inc. respectfully requests that this Court enter
judgment in Plaintiff’s favor on each and every claim for relief set forth above and award it relief
including, but not limited to, the following:
1. That Defendants have been and are infringing, are contributing to the
infringement of, and are actively inducing infringement of the ‘507 Patent;
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2. That Defendants and their officers, agents, and employees and all others in
concert or participation with them be preliminarily and permanently enjoined from further acts of
infringement of the ‘507 Patent under 35 U.S.C. § 283;
3. That Plaintiff be awarded damages adequate to compensate it for Defendants’
direct and indirect infringement of the ‘507 Patent in an amount to be determined at trial,
together with interest and costs under 35 U.S.C. § 284;
4. That Plaintiff be awarded treble the damages it has incurred by reason of
Defendants’ acts of deliberate and willful infringement of the ‘507 Patent under 35 U.S.C. § 284;
5. That Defendants be required to pay Plaintiff’s reasonable attorneys’ fees in
connection with this action as provided in 35 U.S.C. § 285;
6. That Defendants be directed to file with this Court and serve on Plaintiffs within
thirty (30) days after service of an injunction, a report in writing, under oath, setting forth in
detail the manner and form in which Defendants have complied with this injunction ordered by
this Court;
7. That Defendants be required to pay all of Plaintiff’s costs and expenses, including
expert witness fees; and
8. That Plaintiff have such other, further and different relief as this Court deems just
and proper.
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DEMAND FOR JURY
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff hereby demands a
trial by jury as to all issues properly so tried.
DATED: New York, New YorkSeptember 29, 2016
Respectfully submitted,
FOX ROTHSCHILD LLP
By: /s/ Ernest Edward BadwayErnest Edward Badway, Esq.100 Park Avenue - Suite 1500New York, New York 10017Telephone: 212-878-7986Fax: [email protected]
Attorneys for plaintiff OrthoArm Incorporated
EXHIBIT A
US008636507B2
(12) Ulllted States Patent (10) Patent N0.: US 8,636,507 B2 Voudouris (45) Date of Patent: Jan. 28, 2014
(54) SELF-LIGATING ORTHODONTIC BRACKET 4,634,662 A 1/ 1987 Rosenberg 4,655,708 A 4/1987 Fujita
. - ' 4,698,017 A 10/1987 Hanson (76) Inventor. John C. Voudourls, Chr1st Church (BB) 4,712,999 A 0/1987 RO-S-enberg
( >1< ) Notice: Subject' to any disclaimer, the term of this 2 l glgslglni et a1‘ patent 15 extended or adjusted under 35 5,067,897 A 11/1991 Tuneberg U.S.C. 154(b) by 416 days. 5,094,614 A 3/1992 Wildman
5,108,285 A 4/1992 Tuneberg . 5,224,858 A 7/1993 Hanson
(21) Appl' NO" 12/477’824 5,232,361 A 8/1993 Sachdeva
(22) Filed: Jun. 3, 2009 (Continued)
(65) Prior Publication Data FOREIGN PATENT DOCUMENTS
US 2010/0311004 A1 Dec. 9, 2010 DE 202004017951 3/2005 DE 202004017952 3/2005
(51) Int CL JP 4180750 6/1992
A61 C 3/00 (200601) Primary Examiner * Yogesh Patel
(52) glssnccll. ............................................ .. 433/10- 433/13 (74) Azwmey’ Agem’ or Firm T FOX Rothschild LLP
(58) Field of Classi?cation Search (57) ABSTRACT USPC ................. .. 433/8il7, 215; 29/8961, 896.11 _ _ _ _ _
See application ?le for Complete Search history' A self-l1gat1ng orthodontlc'bracket compnsmg a body and a locking shutter. A mes1o-g1ng1val reference plane 15 de?ned
(56) References Cited tangent to a lingual-most point of the archWire slot. The body further includes an occlusal-gingival opening that intersects
U.S. PATENT DOCUMENTS the reference plane. The locking shutter includes a lingual end located in the opening at a closed lingual location When the
é’gg?’é 2 g0? ettali locking shutter is in a closed position, and at an open lingual 3’740’849 A @1973 R?bi? e a ' location When the locking shutter is in an open position. The 337723787 A 11/1973 Hanson locking shutter further includes a labial end located at a closed 3,871,096 A 3/ 1975 Wallshein labial location When the locking shutter is in the closed posi 4,023,274 A 5/ 1977 Wallshein tion and at an open labial location When the locking shutter is
2 ‘Ii/2553mm in the open position. A ?rst occlusal-gingival distance from 4’l49’3 14 A 4/l979 Nonnenmann the closed lingual location to the open lingual location is at 431713568 A 10/ 1979 F?jrgter least about 70% of a second occlusal-gingival distance from 4,197,642 A 4/ 1980 Wallshein the closed labial location to the side surface. In addition, the 4,212,638 A 7/1980 Kom ?rst occlusal-gingival distance is at least about 60% of a third
2 occlusal-gingival distance from the closed lingual location to 44193078 A 12/1983 P16161161 an end Ofa he Wmg 4,443,189 A 4/1984 Wildman 4,492,573 A * 1/1985 Hanson ......................... .. 433/11 11 Claims, 5 Drawing Sheets
The present invention relates generally to the ?eld of orth odontics and, more speci?cally, to the ?eld of orthodontic bracket assemblies.
According to established orthodontic techniques, it is Well knoWn to attach an orthodontic bracket assembly to a patient’s tooth. The bracket assembly provides a location for attaching an archWire and other orthodontic devices to facili tate movement of the tooth. According to established orth odontic techniques, it is Well knoWn to ligate an archWire to the orthodontic bracket assembly utiliZing an elastic or metal ligature. In conventional orthodontic bracket assemblies, the ligature is Wrapped around respective gingival and occlusal tie Wings so as to overlay the archWire at mesial and distal ends of the orthodontic bracket assembly.
Recently, designers have created self-ligating bracket assemblies that do not require a separate ligature for attach ment of the archWire to the bracket assembly. One type of self-ligating bracket assembly is supplied With a locking shut ter that is movable betWeen an open position, permitting access to the archWire slot, and a closed position, inhibiting access to the archWire slot. Self-ligating bracket assemblies substantially decrease the time involved in performing liga tion procedures.
SUMMARY
The present invention provides a self-ligating orthodontic bracket comprising a body and a locking shutter. The body has an archWire slot de?ned at least partially by a side surface (e.g., a gingival side surface) and a lingual surface, and a mesio-gingival reference plane is de?ned tangent to a lingual most point of the lingual surface. The body further includes an occlusal-gingival opening that intersects the reference plane. The locking shutter is coupled to the body and movable betWeen a closed position Where access to the archWire slot is inhibited and an open position Where access to the archWire slot is permitted. The locking shutter includes a lingual end located in the opening at a closed lingual location When the locking shutter is in the closed position, and Wherein the lingual end is located at an open lingual location When the locking shutter is in the open position. The locking shutter further includes a labial end located at a closed labial location When the locking shutter is in the closed position and at an open labial location When the locking shutter is in the open position, Wherein the side surface is closer to the open labial location than to the closed labial location. A ?rst occlusal gingival distance from the closed lingual location to the open lingual location is at least about 70% of a second occlusal gingival distance from the closed labial location to the side surface. Preferably, the ?rst occlusal-gingival distance is at least about 80%, and more preferably at least about 90%, of the second occlusal-gingival distance.
In one embodiment, the body further includes a lingual resting groove in Which the lingual end of the locking shutter is positioned When the locking shutter is in the open position. In this embodiment, the resting groove is positioned outside of the occlusal-gingival opening.
In another embodiment, the opening is in a ?rst side of the body, and the body further includes at least one tie Wing on the ?rst side of the body. In this embodiment, the locking shutter is substantially free of contact With the tie Wing When the locking shutter is in the open position.
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2 In another aspect, the present invention provides a self
ligating orthodontic bracket comprising a body and a locking shutter, as generally described above. The body has an arch Wire slot de?ned at least partially by a lingual surface, and a mesio-gingival reference plane de?ned tangent to a lingual mo st point of the lingual surface. The body further includes an occlusal-gingival opening in a ?rst side of the body and inter secting the reference plane. The body further includes at least one tie Wing on the ?rst side of the body. The locking shutter is coupled to the body and movable betWeen a closed position Where access to the archWire slot is inhibited and an open position Where access to the archWire slot is permitted. The locking shutter includes a lingual end located in the opening at a closed labial location When the locking shutter is in the closed position, and Wherein the lingual end is located at an open lingual location When the locking shutter is in the open position. A ?rst occlusal-gingival distance from the closed lingual location to the open lingual location is at least about 60% of a second occlusal-gingival distance from the closed lingual location to an end of the tie Wing. Preferably, the ?rst occlusal-gingival distance is at least about 65%, and more preferably at least about 70%, of the second occlusal-gingival distance.
Other aspects of the invention Will become apparent by consideration of the detailed description and accompanying draWings.
BRIEF DESCRIPTION OF THE DRAWINGS
FIG. 1 is a perspective vieW of a self-ligating orthodontic bracket.
FIG. 2 is another perspective vieW of the self-ligating orth odontic bracket of FIG. 1.
FIG. 3 is a perspective vieW of the self-ligating orthodontic bracket of FIG. 1 With a locking shutter removed.
FIG. 4 is a top vieW of the self-ligating orthodontic bracket of FIG. 1.
FIG. 5 is a section vieW of the self-ligating orthodontic bracket of taken along the section-line 5-5 in FIG. 4.
FIG. 6 is a side vieW of the self-ligating orthodontic bracket of FIG. 1.
FIG. 7 is a section vieW of the self-ligating orthodontic bracket taken along the section-line 7-7 in FIG. 6.
FIG. 8 is a section vieW, similar to the section vieW of FIG. 7, of a different self-ligating orthodontic bracket embodying aspects of the present invention.
DETAILED DESCRIPTION
Before any embodiments of the invention are explained in detail, it is to be understood that the invention is not limited in its application to the details of construction and the arrange ment of components set forth in the folloWing description or illustrated in the folloWing draWings. The invention is capable of other embodiments and of being practiced or of being carried out in various Ways. Also, it is to be understood that the phraseology and terminology used herein is for the pur pose of description and should not be regarded as limiting. The use of “including,” “comprising,” or “having” and varia tions thereof herein is meant to encompass the items listed thereafter and equivalents thereof as Well as additional items. Unless speci?ed or limited otherWise, the terms “mounted,” “connected,” “supported,” and “coupled” and variations thereof are used broadly and encompass both direct and indi rect mountings, connections, supports, and couplings. Fur ther, “connected” and “coupled” are not restricted to physical or mechanical connections or couplings.
US 8,636,507 B2 3
The following description Will refer to FIGS. 1-7, each including a reference axis With four or more reference direc tions. The reference directions are labeled 1-6 as follows: a
labial direction 1, a lingual direction 2, a distal direction 3, a mesial direction 4, an occlusal direction 5, and a gingival direction 6. The illustrated reference directions are intended to clarify the description and do not in any Way limit the scope of the invention. In other embodiments, the reference direc tions may be other than are shoWn or arranged differently.
FIG. 1 illustrates a self-ligating orthodontic bracket assem bly that includes a bracket 14 and a locking shutter 18. The bracket 14 has a closed position (broken lines in FIGS. 5 and 6) in Which the shutter 18 inhibits access to an archWire slot 22 and an openposition (FIGS. 1, 2, 4, and solid lines in FIGS. 5 and 6) in Which the shutter 18 alloWs access to the archWire slot 22. The illustrated bracket 14 includes a body 26 and a base 30.
The illustrated body 26 includes the archWire slot 22, tWo receiving areas 34, a ?rst tie Wing 38, a labial resting groove 42, a second tie Wing 46, a lingual resting groove 50, and an occlusal-gingival opening 54. The illustrated base 30 con nects the bracket 14 to a tooth (not shoWn) and includes an attachment portion 58 that de?nes a pattern (see FIG. 3) Which receives an adhesive and is shaped to af?x to the tooth. In the illustrated embodiment, the lingual side of the attach ment portion 58 af?xes to the labial side of the tooth. In the illustrated construction, the base 30 is attached to the body 26 With Welds. In other constructions, the base 30 may be attached in other Ways or formed as a single piece With the body 26.
The illustrated archWire slot 22 is de?ned by a lingual surface 62, a gingival side surface 66, and a occlusal side surface 70 (see FIG. 2). In the illustrated embodiment, a mesio-gingival reference plane 72 (see FIG. 5) is tangent to a lingual-most point of the lingual surface. The archWire slot 22 receives an archWire (not shoWn) and inhibits movement of the archWire in the lingual, gingival, or occlusal directions.
The illustrated receiving areas 34 are de?ned in a gingival portion 74 of the body 26 and include a ?rst receiving area 78 separated from a second receiving area 82 by a protrusion 86. The ?rst receiving area 78 extends labially and gingivally from the gingival side surface 66 to a retention lip 90 on one of the mesial or distal sides of the body 26. The second receiving area 82 extends labially and gingivally from the gingival side surface 66 to the retention lip 90 on the other of the mesial or distal sides of the body 26. The protrusion 86 separates the ?rst receiving area 78 and the second receiving area 82 mesio-distally and is gingivally even With the gingival side surface 66. The illustrated ?rst tie Wing 38 is formed on the gingival
portion 74 of the body 26 and provides a place for ligation bands or Wire to be Wrapped for functional or aesthetic pur poses. The ?rst tie Wing 38 includes tWo Wings although less than tWo Wings or more than tWo Wings are possible.
The illustrated second tie Wing 46 is formed on an occlusal portion 94 of the body 26 and provides a place for ligation bands or Wire to be Wrapped for functional or aesthetic pur poses. The second tie Wing 46 includes one Wing although more than one Wing and less than one Wing have been con sidered. The illustrated labial resting groove 42 is de?ned as a
lingually-depressed area in the occlusal portion 94 of the body 26. The labial resting groove 42 is engaged by the shutter 18 While in the open position. In other constructions, the labial resting groove 42 may be other shapes or may be removed.
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4 The illustrated lingual resting groove 50 is de?ned as a
labially-depressed area in the occlusal portion 94 of the body 26. The lingual resting groove 50 is engaged by the shutter 18 While in the open position. In other constructions, the lingual resting groove 50 may be other shapes or may be removed. The illustrated occlusal-gingival opening 54 is de?ned in
the occlusal portion 94 of the body 26, extends gingivally into the occlusal portion 94 of the body 26 from an occlusal side 98, and is positioned such that the mesio-gingival reference plane 72 intersects the occlusal-gingival opening 54. The occlusal-gingival opening 54 is siZed to receive the shutter 18 When in the closed position.
With continued reference to FIG. 1, the illustrated shutter 18 includes a labial portion 102, an intermediate portion 106, and a lingual portion 110. The labial portion 102 is substan tially the same mesio-distal Width as the body 26 and includes a labial end 114, a notch 118, and a cut-out 122. The illustrated labial end 114 of the shutter 18 is curved
labially to form a convex surface 126 that ?ts in the labial resting groove 42 When the shutter 18 is in the open position. The notch 118 is de?ned in the labial end 114 and receives the protrusion 86 When the shutter 18 is in the closed position such that the shutter 18 is stabiliZed in the mesio-distal direc tion. In other constructions, the labial portion 102 may be different shapes or mesio-distal Widths. In addition, the con vex surface 126 and the labial end 114 may be different shapes or may be straight sections. Furthermore, the labial end 114 may de?ne more than one notch 118 or less than one notch 118 and the body 26 may include more than one pro trusion 86 or less than one protrusion 86 to be received in the notches 118 in the labial end 114. The illustrated cut-out 122 is a circle that extends through
the shutter 18 and receives a tool (i.e. an opening tool, not shoWn) that may be used to move the shutter 18 betWeen the open position and the closed position. In other constructions, the cut-out 122 may be different shapes, may not extend through the shutter 18, or may be removed. The illustrated intermediate portion 1 06 connects the labial
portion 102 to the lingual portion 110 and has a narroWer mesio-distal Width than the labial portion 102 such that the intermediate portion 106 ?ts betWeen the tWo Wings of the second tie Wing 46. In other constructions the intermediate portion 106 may have the same mesio-distal Width as the labial portion 102 or may have a smaller mesio-distal Width. A self-ligating orthodontic bracket comprising a body and
a locking shutter. The body further includes an occlusal gingival opening that intersects the reference plane. The lock ing shutter includes a lingual end located in the opening at a closed lingual location When the locking shutter is in a closed position, and at an open lingual location When the locking shutter is in an open position, and further includes a labial end located at a closed labial location When the locking shutter is in the closed position and at an open labial location When the locking shutter is in the open position. A ?rst occlusal-gingi val distance from the closed lingual location to the open lingual location is at least about 70% of a second occlusal gingival distance from the closed labial location to the side surface.
Turning noW to FIG. 2, the bracket 14 is shoWn With the occlusal side surface 70 illustrated on the occlusal portion 94 of the body 26. In addition, a slot 134 is illustrated in the occlusal portion 94 that extends occlusally from the occlusal side surface 70 and lingually from a labial face 136. The slot 134 alloWs the tool to engage the cut-out 122 such that the tool may move the shutter 18 betWeen the open position and the closed position.
US 8,636,507 B2 5
FIGS. 5 and 6 illustrate the shutter 18 in the open position in solid lines and in the closed position in broken lines. The occlusal-gingival opening 54 is intersected by a mesio-gingi val reference plane de?ned by the lingual surface 62 of the archWire slot 22. In the illustrated embodiment, the occlusal gingival opening 54 does not extend entirely through the bracket 14, and thus no portion of the opening is positioned directly lingually of the archWire slot 22. An illustrated distance A is de?ned by the occlusal-gingi
val distance betWeen the lingual end 130 in the closed posi tion and the lingual end 130 in the open position. An illus trated distance B is de?ned by the occlusal-gingival distance betWeen the labial end 114 in the closed position and the labial end 114 in the open position. An illustrated distance C is de?ned by the occlusal-gingival distance from the lingual end 130 in the closed position to an occlusal edge 138 of the second tie Wing 46. An illustrated distance D is de?ned by the occlusal-gingival distance betWeen the labial end 114 in the closed position and the occlusal side surface 70.
In the illustrated construction, the distance A is about 1.0 millimeters, the distance B is about 1.2 millimeters, the dis tance C is about 1.4 millimeters, and the distance D is about 1.1 millimeters. In other constructions the distance A may be betWeen about 0.5 and 2.0 millimeters, the distance B may be betWeen about 0.6 and 2.4 millimeters, the distance C may be betWeen about 0.7 and 2.8 millimeters, and the distance D may be betWeen about 0.5 and 2.2 millimeters. In the open position the lingual end 130 is disposed in the lingual resting groove 50 at an open lingual location and the labial end 114 is disposed in the labial resting groove 42 at an open labial location. In the closedposition the lingual end 130 is disposed in the occlusal-gingival opening 54 at a closed lingual loca tion and the labial end 114 is disposed in the receiving area 34 at a closed labial location.
In operation, the bracket 14 is attached to the tooth With the attachment portion 58. The shutter 18 is moved to the open position With the labial end 114 disposed in the labial resting groove 42, the lingual end 130 disposed in the lingual resting groove 50, and the shutter 18 is substantially free of contact With the second tie Wing 46. The appropriate archWire is ?t into the archWire slot 22, and the tool engages the cut-out 122 and moves the shutter 18 out of the open position such that the labial end 114 leaves the labial resting groove 42 and the lingual end 130 leaves the lingual resting groove 50. The shutter 18 is moved over the archWire and into the closed position such that the labial end 114 is disposed Within the receiving area 34 and the lingual end 130 is disposed Within the occlusal-gingival opening 54. Once in the closed position, the shutter 18 inhibits the archWire from moving in the labial direction such that the archWire slot 22 and the shutter 18 cooperate to inhibit the movement of the archWire in the labial, lingual, occlusal, and gingival directions.
To remove the archWire, the tool is engaged With the cut out 122 and the shutter 18 is moved from the closed position to the open position such that access is provided to the arch Wire slot 22 and the archWire may be removed.
FIG. 8 illustrates a slightly different bracket, Which is shoWn in a section vieW similar to the section vieW of FIG. 7. In the embodiment of FIG. 8, all aspects of the bracket are substantially identical to the bracket of FIG. 7 With the excep tion of the position and orientation of an occlusal-gingival opening 154. In FIG. 8, the opening 154 is angled relative to the mesio-gingival reference plane 72 at an angle of about forty-?ve degrees. In other embodiments, the occlusal-gingi val opening 154 may be angled betWeen about ten degrees and about eighty degrees, or more preferably betWeen about thirty degrees and about sixty degrees relative to the mesio
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6 gingival reference plane 72. As With the previous embodi ment, the clip 18 in FIG. 8 is highly resilient, and its resiliency Will hold the clip in either of its open position (solid lines in FIG. 8) or closed position (broken lines in FIG. 8).
In addition to the constructions shoWn in FIGS. 1-8, the bracket 14 may be formed as a lingual bracket in Which case the attachment portion 58 Would attach the bracket 14 to the lingual side of the tooth and all references to labial and lingual Would be reversed.
Thus, the invention provides, among other things, a self ligating orthodontic bracket assembly. Various features and advantages of the invention are set forth in the folloWing claims. The invention claimed is: 1. A self-ligating orthodontic bracket comprising: a body having an archWire slot de?ned at least partially by
an occlusal side surface and a lingual surface, Wherein a mesio-gingival reference plane is tangent to a lingual most point of the lingual surface, the body further having an occlusal-gingival opening, Wherein the reference plane intersects the opening; and
a locking shutter coupled to the body and movable betWeen a closed position Where access to the archWire slot is inhibited and an open position Where access to the arch Wire slot is permitted, Wherein the locking shutter includes a lingual end located in the opening at a closed lingual location When the locking shutter is in the closed position, and Wherein the lingual end is located at an open lingual location When the locking shutter is in the open position, Wherein the locking shutter further includes a labial end located at a closed labial location When the locking shutter is in the closed position and at an open labial location When the locking shutter is in the open position, Wherein the side surface is closer to the open labial location than to the closed labial location, and Wherein a ?rst occlusal-gingival distance from the closed lingual location to the open lingual location is from 70% to 90% a second occlusal-gingival distance from the closed labial location to the side surface.
2. The self-ligating bracket of claim 1, Wherein the side surface de?nes an occlusal side of the archWire slot.
3. The self-ligating bracket of claim 1, Wherein the ?rst occlusal-gingival distance is at least 80% of the second occlusal-gingival distance.
4. The self-ligating bracket of claim 1, Wherein the ?rst occlusal-gingival distance is 90% of the second occlusal gingival distance.
5. The self-ligating bracket of claim 1, Wherein the body further includes a lingual resting groove in Which the lingual end of the locking shutter is positioned When the locking shutter is in the open position.
6. The self-ligating bracket of claim 5, Wherein the resting groove is positioned outside of the occlusal-gingival opening.
7. The self-ligating bracket of claim 1, Wherein the opening is in a ?rst side of the body, Wherein the body further includes at least one tie Wing on the ?rst side of the body, and Wherein the locking shutter is partially free of contact With the tie Wing When the locking shutter is in the open position.
8. The self-ligating bracket of claim 1, Wherein the locking shutter includes a cut out adapted to receive an opening tool, and Wherein the body includes a labial face and a slot in the labial face, the slot being aligned With the cut out When the locking shutter is in the closed position.
9. The self-ligating bracket of claim 1, Wherein the occlusal-gingival opening is in a ?rst side of the body, Wherein the body further includes at least one tie Wing on the ?rst side of the body, and Wherein the ?rst occlusal-gingival
US 8,636,507 B2 7
distance is from 60% to 70% of a third occlusal gingival distance from the closed lingual location to an end of the tie Wing.
10. The self-ligating bracket of claim 9, Wherein the ?rst occlusal-gingival distance is at least 65% 0f the third 5 occlusal-gingival distance.
11. The self-ligating bracket of claim 9, Wherein the ?rst occlusal-gingival distance is 70% 0f the third occlusal-gingi Val distance.
