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District Court of Dusseldorf Germany Finds Ortho Caps and Rasteder KFO Infringe Align Technology, Inc. (ALGN) Patents


7/19/2013 10:03:21 AM

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SAN JOSE, CA and DUSSELDORF, GERMANY--(Marketwired - July 18, 2013) -

Align Technology, Inc. (NASDAQ: ALGN) today announced that a patent chamber of the District Court of Dusseldorf in the Federal Republic of Germany granted permanent injunctions against Hamm-based Ortho Caps GmbH and Rastede-based Rasteder KFO Spezial-Labor GmbH. Align asserted in separate patent infringement lawsuits filed in December 2011 that both Ortho Caps and Rasteder KFO Spezial-Labor infringe Align patents by making, offering to sell, and selling their respective clear aligner therapy systems.

The permanent injunction orders are based on the Düsseldorf Court's finding that Ortho Caps and Rasteder KFO separately infringe European Patents EP 2 263 599, EP 2 263 598, and EP 1 369 091, and that Ortho Caps also infringes EP 1 143 872. EP 2 263 599 and EP 2 263 598 cover the broad methods of digital treatment planning and manufacturing of aligners, while European Patent EP 1 143 872 covers the physical template for applying attachments. With regard to European Patent EP 1 269 091, which covers the providing of aligners in a single package, the Düsseldorf Court limited its finding of infringement to instances where a set of all aligners manufactured pursuant to a treatment plan are received by the dentist or orthodontist in a single package.

Under German law, a first instance injunction is enforceable subject to the patent holder posting a bond. Align is currently evaluating its enforcement options with regard to the injunctions granted by the Düsseldorf Court. Ortho Caps and Rasteder KFO each have the right to appeal the granting of the injunctions against them

The judgments against Ortho Caps and Rasteder KFO were handed down notwithstanding the fact that each of the aforementioned patents have been opposed by Ortho Caps and Rasteder KFO in oppositions pending before the European Patent Office (EP 2 263 599, EP 2 263 598, EP 1 143 872) or invalidity suits (EP 1 369 091).

Align also asserted the German parts of EP 2 295 004 and EP 0 989 828 against Ortho Caps and Rasteder KFO. These cases were stayed by the Düsseldorf Court in view of oppositions (EP 2 295 004) and invalidity suits (EP 0 989 828) pending against the patents. A ruling on these oppositions and invalidity suits is expected in mid to late 2014. Align is confident that all patents will be upheld in oppositions and invalidity suits respectively in their asserted form.

"We are pleased by the judge's finding that several permanent injunctions be entered against both Ortho Caps and Rasteder KFO," said Roger E. George, Align Technology vice president and general counsel. "Like the Initial Determination issued by the U.S. International Trade Commission Administrative Law judge in May that ClearCorrect Houston and ClearCorrect Pakistan infringe seven Align patents, the Düsseldorf Court's rulings should send a strong and clear message to infringers of Align's patents."

It is Align's belief that Ortho Caps manufactures and sells only its clear aligner therapy system while Rasteder KFO manufactures and sell other products not affected by the Düsseldorf Court's rulings.

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 teens. Align Technology was founded in March 1997 and received FDA clearance to market Invisalign in 1998.The Invisalign product family includes Invisalign, Invisalign Teen, Invisalign Assist, Invisalign Express 10, Invisalign Express 5, Invisalign Lite, and Vivera Retainers. To learn more about Invisalign or to find an Invisalign trained doctor in your area, please visit www.invisalign.com.

Cadent Holdings, Inc. is a subsidiary of Align Technology and is a leading provider of 3D digital scanning solutions for orthodontics and dentistry. The Cadent family of products includes the iTero scanning systems, OrthoCAD iCast and OrthoCAD iRecord. For additional information, please visit www.cadentinc.com.




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