U.S. District Court Grants Align Technology Summary Judgment in Counterclaims Against Ormco Corp., a Division of Sybron Dental
July 07 2004 - 9:15AM
PR Newswire (US)
U.S. District Court Grants Align Technology Summary Judgment in
Counterclaims Against Ormco Corp., a Division of Sybron Dental
SANTA CLARA, Calif., July 7 /PRNewswire-FirstCall/ -- Align
Technology, Inc. (NASDAQ:ALGN), the inventor of Invisalign(R), a
proprietary method of straightening teeth without wires and
brackets, announced today that the U.S. District Court has granted
summary judgment in Align's counterclaim against Ormco Corporation,
a division of Sybron Dental Specialties, Inc. (NYSE:SYD). The
United States District Court for the Central District, Southern
Division found that Ormco's product, Red, White & Blue,
infringes on two of Align's patents (U.S. Patent No. 6,398,548 and
6,554,611). Claims found to be infringed upon include but are not
limited to, claims that Ormco's appliances are marked to indicate
their order of use and that Ormco's appliances are provided in a
single package to the patient. Align is represented by intellectual
property specialty firm, Townsend and Townsend and Crew LLP. "We
are pleased that the Court has granted Align's motion for summary
judgment of infringement," said Thomas M. Prescott, President and
CEO of Align Technology, Inc. "We believe that our existing patents
are highly defensible and that our ability to mass-produce
customized appliances used in straightening teeth is unmatched.
With this win behind us, we can continue to focus on our goals of
providing the best quality product, making our customers happy, and
providing excellent shareholder value." About Align Technology,
Inc. Align Technology designs, manufactures and markets Invisalign,
a proprietary method for treating malocclusion, or the misalignment
of teeth. Invisalign corrects malocclusion using a series of clear,
nearly invisible, removable appliances that gently move teeth to a
desired final position. Because it does not rely on the use of
metal or ceramic brackets and wires, Invisalign significantly
reduces the aesthetic and other limitations associated with braces.
Invisalign is appropriate for treating adults and older teens.
Align Technology was founded in March 1997 and received FDA
clearance to market Invisalign in 1998. To learn more about
Invisalign or to find a certified Invisalign doctor in your area,
please visit http://www.invisalign.com/ or call 1-800-INVISIBLE.
Forward-Looking Statements This news release contains
forward-looking statements, including statements regarding Align's
belief that the summary judgment will enable it to continue to
focus on delivering quality product to its customers and returning
excellent shareholder value. In addition, there is no assurance
that the court's decision will not be overturned on appeal.
Forward-looking statements contained in this news release relating
to expectations about future events or results are based upon
information available to Align as of the date hereof. Readers are
cautioned that these forward-looking statements are only
predictions and are subject to risks, uncertainties and assumptions
that are difficult to predict. As a result, actual results may
differ materially and adversely from those expressed in any
forward-looking statement. Factors that might cause such a
difference include, but are not limited to, risks relating to
Align's ability to protect its intellectual property rights and
potential intellectual property or product liability claims or
litigation. These and other risks are detailed from time to time in
Align's periodic reports filed with the Securities and Exchange
Commission, including, but not limited to, its Annual Report on
Form 10-K for the fiscal year ended December 31, 2003, which was
filed with the Securities and Exchange Commission on March 9, 2004,
and its Quarterly Reports on Form 10-Q. Align undertakes no
obligation to revise or update publicly any forward-looking
statements for any reason. Investor Relations Contact: Press
Contact: Barbara Domingo Shannon Henderson Align Technology, Inc.
Ethos Communications, Inc. 408-470-1000 678-417-1767 DATASOURCE:
Align Technology, Inc. CONTACT: Investor Relations, Barbara Domingo
of Align Technology, Inc., +1-408-470-1000, or ; or press, Shannon
Henderson of Ethos Communications, Inc., +1-678-417-1767, or , for
Align Technology, Inc. Web site: http://www.invisalign.com/
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