HOUSTON, TX--(Marketwire - April 09, 2009) -
ClearCorrect, Inc., a manufacturer of
FDA-cleared transparent orthodontic
, today filed a notice of voluntary dismissal regarding its
declaratory judgment against Invisalign® manufacturer Align Technology
after Align stated to the court that it has no intention of suing
ClearCorrect for patent infringement.
ClearCorrect filed its
declaratory judgment on February 17th in the United States District Court
for the Southern District of Texas, Houston Division. Specifically,
ClearCorrect's original complaint alleged that certain patents owned by
Align Technology (Invisalign) are invalid and that ClearCorrect's clear braces products and processes
do not infringe upon those patents.
From the outset, ClearCorrect
has made it clear that if Align provided assurance that it did not intend
to sue ClearCorrect, then ClearCorrect would voluntarily dismiss the case.
In its moving papers, Align has represented to the Court that:
"(Align) has never expressly or impliedly asserted any claim or engaged in
any conduct that indicated that it believed (ClearCorrect) infringed any
claim under any patent or that it would engage in any action as a result of
In addition, Align has expressly disavowed any statements of its employees
that indicated Align intended to sue ClearCorrect. Align has further
stated that no employee has been authorized to make such statements. Align
has also represented that it has not engaged in any "scare the customer"
According to ClearCorrect's attorney, Randy J. McClanahan of Houston-based
law firm McClanahan, Myers and Espey, LLP, "This is a good outcome. Align
has clarified that there is no black cloud of impending litigation.
ClearCorrect's principals can now concentrate on growing their business. We
are pleased that both parties will be able to compete fairly in this
"We're happy to voluntarily dismiss our suit after receiving court-filed
assurances that Align has no intention to sue us for patent infringement,"
explained ClearCorrect CEO and practicing Houston dentist Dr. Willis
Pumphrey. "We are now ready to focus on competing and aggressively
marketing our product."
About ClearCorrect, Inc.
Headquartered in Houston, Texas, ClearCorrect was founded by dentists to
serve the dental and orthodontic industry by providing a superior and more
affordable clear aligner system.
The highly sophisticated ClearCorrect treatment delivery system and
corresponding aligner products are based on years of research and clinical
experience. Cutting-edge technological advances and advanced treatment
expertise, coupled with comprehensive marketing and sales support, make
ClearCorrect the premier clear aligner solution of choice for informed
dentists and patients. The company's modern, needs-based approach for
serving doctors and patients has earned it a leadership position within the
dental industry. For information about ClearCorrect, the company and its
products, visit www.clearcorrect.com or call 1-888-331-3323.