SAN JOSE, CA and DUSSELDORF, GERMANY--(Marketwired - December 21, 2016) - Align Technology, Inc. (
"Our claims against Ortho Caps involve multiple alleged infringements of multiple patents," said Roger E. George, Align Technology vice president and general counsel. "We are, of course, disappointed that the German Court has held even a single German patent invalid. However, the German Courts have also found that Ortho Caps infringes additional Align patents. It is premature for Ortho Caps to claim victory, in view of its losses in the German infringement courts -- there is a long way to go and we are confident we will be able to enforce the existing infringement judgments against Ortho Caps."
In its lawsuit Align asserts Ortho Caps infringes six Align patents in Germany. In July 2013, the patent chamber of the District Court of Dusseldorf in the Federal Republic of Germany found that Ortho Caps infringes the German parts of four European patents (EP 2 263 599, EP 2 263 598, EP 1 369 091, and EP 1 143 872). Align also asserted the German parts of EP 0 989 828 and EP 2 295 004 against Ortho Caps, but these cases were stayed in view of an invalidity suit and EPO opposition respectively filed by Ortho Caps. The German parts of EP 2 263 599, EP 2 263 598, and EP 1 143 872, which the District Court of Dusseldorf found to be infringed by Ortho Caps, remain in force while the patents are the subject of opposition proceedings at the European Patent Office.
In November 2016, the German Federal Court of Justice, Bundesgerichtshof, upheld the Federal Patent Court's decision that the German part of EP 0 989 828 is invalid, while also finding that modified claims for the German part of EP 1 369 091 are valid.
About Align Technology, Inc.
Align Technology is the leader in modern clear aligner orthodontics that designs, manufactures and markets the Invisalign® system, which provides dental professionals with a range of treatment options for adults and teenagers. Align also offers the iTero® 3D digital scanning system and services for orthodontic and restorative dentistry. Align was founded in March 1997 and received FDA clearance to market the Invisalign system in 1998. Visit www.aligntech.com for more information.
For additional information about the Invisalign system or to find an Invisalign provider in your area, please visit www.invisalign.com. For additional information about the iTero 3D digital scanning system, please visit www.itero.com.
Contact Information:
Investor Relations Contact
Shirley Stacy
Align Technology, Inc.
(408) 470-1150