SANTA CLARA, Calif., April 13 /PRNewswire-FirstCall/ -- Align Technology, Inc. today announced that in response to the motion to dismiss filed by Align on March 26, 2009, ClearCorrect has dismissed, in its entirety, the declaratory judgment complaint it filed against Align on February 17, 2009. ClearCorrect filed the notice of dismissal on April 9, 2009, rather than oppose Align’s motion, which would have been decided by the Court sometime after April 15. The notice of dismissal terminates the lawsuit.
Align’s motion to dismiss vigorously contested ClearCorrect’s right to seek declaratory relief on the ground that the lawsuit was premature because of the absence of communication between Align and ClearCorrect, the limited information available to Align regarding ClearCorrect’s process and products, and the failure of ClearCorrect to provide any details to support its allegation that Align’s patents were invalid. ClearCorrect chose to withdraw its allegations and dismiss its complaint instead of responding to these arguments.
Align does not currently have enough information to determine whether ClearCorrect’s processes and products incorporate technology covered by any of Align’s numerous patents or other intellectual property. Align was and is not now in a position to make a determination regarding the propriety of ClearCorrect’s activities or Align’s likely response should the Company ultimately conclude that those activities infringe any of Align’s intellectual property rights. Align unequivocally reserved its right to proceed against ClearCorrect should it determine that ClearCorrect is violating Align’s intellectual property rights.
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. Align Technology was founded in March 1997 and received FDA clearance to market Invisalign in 1998. Today, the Invisalign product family includes Invisalign, Invisalign Teen, Invisalign Assist, Invisalign Express, and Vivera Retainers.
To learn more about Invisalign or to find an Invisalign-trained doctor in your area, please visit http://www.invisalign.com or call 1-800-INVISIBLE.
CONTACT: Investor Relations, Shirley Stacy of Align Technology, Inc.,
+1-408-470-1150, sstacy@aligntech.com; or Press, Shannon Mangum Henderson
of Ethos Communication, Inc., +1-678-540-9222,
align@ethoscommunication.com, for Align Technology, Inc.
Web site: http://www.invisalign.com/
