UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
DC 20549
FORM
8-K
CURRENT
REPORT PURSUANT
TO
SECTION 13 OR 15(D) OF THE
SECURITIES
EXCHANGE ACT OF 1934
Date of report (Date of earliest event
reported) June 25, 2009
ALIGN TECHNOLOGY, INC.
(Exact
Name of Registrant as Specified in Its Charter)
Delaware
(State or
Other Jurisdiction of Incorporation)
|
0-32259
|
94-3267295
|
|
(Commission
File Number)
|
(IRS
Employer Identification
No.)
|
|
881
Martin Avenue, Santa Clara, California
|
95050
|
|
(Address
of Principal Executive Offices)
|
(Zip
Code)
|
(408)
470-1000
(Registrant’s
Telephone Number, Including Area Code)
Not
applicable
(Former
Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the
Form 8-K filing is intended to simultaneously satisfy the filing obligation of
the registrant under any of the following provisions (see General Instruction A.2.
below):
|
o
|
Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
|
|
o
|
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|
|
o
|
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
|
|
o
|
Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
|
|
ITEM
8.01
|
Other
Events
|
On June
25, 2009, a jury delivered a verdict against Align Technology, Inc. (Align) in a
lawsuit brought by Ormco Corporation (Ormco) in the U.S. District Court for the
Central District of California (District Court). Ormco alleged that Align
infringed claims of Ormco’s 6,616,444 patent. Align claimed non-infringement,
invalidity, as well as unenforceability of the patent.
The jury
found the claims asserted by Ormco in the 6,616,444 patent to be infringed and
valid. The jury also issued an advisory verdict that Ormco did not engage in
prosecution laches or unclean hands, equitable defenses that the Court will rule
on at a later date. The jury only determined liability; any monetary damages
will be determined in a later trial. The verdict does not currently preclude
Align from selling its Invisalign System.
Align
believes the facts and the law do not support the jury’s findings of
infringement and validity and will seek to overturn the verdict in post-trial
motions with the District Court. If the District Court does not grant Align’s
motions, Align intends to vigorously challenge the verdict through an appeal to
the Federal Circuit Court of Appeals.
A copy of
the press release is attached to this Form 8-K as Exhibit 99.1 and is
incorporated herein by this reference.
|
ITEM
9.01
|
Financial
Statements and Exhibits.
|
(d)
Exhibits:
99.1
Press Release dated June 26, 2009, announcing the jury verdict.
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, as amended, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
| Dated: June 26, 2009 | ALIGN TECHNOLOGY, INC. | ||
|
|
By:
|
/s/ Roger E. George | |
|
Roger
E. George
|
|||
|
Vice
President, Legal & Corporate Affairs,
General
Counsel and Corporate Secretary
|
|||
 |
 |
FOR
IMMEDIATE RELEASE
|
Investor Relations Contact
|
Press Contact
|
|
Shirley
Stacy
|
Shannon
Mangum Henderson
|
|
Align
Technology, Inc.
|
Ethos
Communication, Inc.
|
|
(408)
470-1150
|
(678)
261-7803
|
|
sstacy@aligntech.com
|
align@ethoscommunication.com
|
Align
Technology Announces Jury Verdict in Patent Litigation with
Ormco
Corporation
SANTA
CLARA, Calif., June 26, 2009 -- Align Technology, Inc. (Nasdaq: ALGN) today
announced that a jury delivered a verdict against Align in a lawsuit
brought by Ormco Corporation (Ormco) against Align Technology, Inc. (Align) in
the U.S. District Court for the Central District of California (District Court).
Ormco alleged that Align infringed claims of Ormco’s 6,616,444 patent. Align
claimed non-infringement, invalidity, as well as unenforceability of the
patent.
The jury
found the claims asserted by Ormco in the 6,616,444 patent to be infringed and
valid. The jury also issued an advisory verdict that Ormco did not engage in
prosecution laches or unclean hands, equitable defenses that the Court will rule
on at a later date. The jury only determined liability; any monetary damages
will be determined in a later trial. The verdict does not currently preclude
Align from selling its Invisalign System.
Align
believes the facts and the law do not support the jury’s findings of
infringement and validity and will seek to overturn the verdict in post-trial
motions with the District Court. If the District Court does not grant Align’s
motions, Align intends to vigorously challenge the verdict through an appeal to
the Federal Circuit Court of Appeals.
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. Today, the
Invisalign product family includes Invisalign, Invisalign Teen, Invisalign
Assist, Invisalign Express, and Vivera Retainers.
Align
Technology Inc. 881 Martin Avenue Santa Clara, CA 95050
Tel: (408) 470-1000 Fax: (408) 470-1201
Align
Technology, Inc.
To learn
more about Invisalign or to find a certified Invisalign doctor in your area,
please visit
www.invisalign.com
or call 1-800-INVISIBLE.