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) August 19, 2004
ALIGN TECHNOLOGY, INC.
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(Exact Name of Registrant as Specified in Its Charter)
Delaware
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(State or Other Jurisdiction of Incorporation)
0-32259 94-3267295
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(Commission File Number) (IRS Employer Identification No.)
881 Martin Avenue, Santa Clara, California 95050
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(Address of Principal Executive Offices) (Zip Code)
(408) 470-1000
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(Registrant's Telephone Number, Including Area Code)
Not applicable
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(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):
|_| Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
|_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|_| Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
|_| 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 August 26, 2004, Align Technology, Inc. ("Align") issued a press
release announcing that the United States District Court for the Central
District, Southern Division granted Align's motion for summary judgment of
invalidity of Ormco Corporation's (a division of Sybron Dental Specialties,
Inc.) Patent Nos. 5,447,432, 5,683,243, 6,244,861 and 6,616,444. The Court ruled
earlier this year that Align does not infringe these patents.
The full text of the press release is attached hereto as Exhibit 99.1.
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS
(c) Exhibits.
Exhibit No. Description
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99.1 Press Release, dated August 26, 2004 for Align Technology, Inc.
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: August 26, 2004 Align Technology, INC.
By: /s/ Eldon M. Bullington
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Eldon M. Bullington
Vice President of Finance and
Chief Financial Officer
INDEX TO EXHIBITS
Exhibit No. Description
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99.1 Press Release, dated August 26, 2004 for Align Technology, Inc.
Exhibit 99.1
U.S. District Court Finds Ormco Corporation's (a Division of Sybron Dental)
Patents Invalid
SANTA CLARA, Calif., Aug. 26 /PRNewswire-FirstCall/ -- Align Technology,
Inc. (Nasdaq: ALGN), the inventor of the Invisalign(R) system, a proprietary
method of straightening teeth without wires and brackets, announced today that
the U.S. District Court has granted summary judgment in favor of Align
Technology, Inc.
Ormco Corporation (a division of Sybron Dental Specialties, Inc.,
NYSE: SYD) sued Align in 2003 alleging infringement of four patents (Patent
Nos. 5,447,432, 5,683,243, 6,244,861 and 6,616,444). The United States
District Court for the Central District, Southern Division, granted Align's
motion for summary judgment of invalidity of Ormco's patents (the Court ruled
earlier this year that Align does not infringe these patents). As Ormco's
patents were found invalid by the Court, this provides Align additional
freedom to operate in the field of digital dentistry. The Court also denied
Ormco's summary judgment motion seeking a finding of invalidity of Align's
patents (Patent Nos. 6,398,548 and 6,554,611). Align is represented by
intellectual property specialty firm, Townsend and Townsend and Crew LLP.
"This third summary judgment against Ormco is a testament to the lack of
any basis for Ormco's suit against us," said Thomas M. Prescott, President and
CEO of Align Technology, Inc. "We believe the successful defense of our
intellectual property, along with the more than fifty patents issued and
numerous patent applications pending will enable long-term value creation for
our shareholders. Align will continue to invest in the technology and
processes that make Invisalign an important part of our customers' practices
and the most attractive way for consumers to gain a better smile."
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
older teens. Align Technology was founded in March 1997 and received FDA
clearance to market Invisalign in 1998.
To learn more about Invisalign or to find a certified Invisalign doctor,
please visit www.invisalign.com or call 1-800-INVISIBLE.
Forward-Looking Statements
This news release contains forward-looking statements, including
statements regarding Align's belief that the summary judgment will assist
Align in creating long-term value for its shareholders as well as Align's
belief that it will continue to invest in the technology and processes that
make Invisalign an important part of its customers' practices. In addition,
there is no assurance that the court's decision will not be overturned on
appeal. Forward-looking statements contained in this news release relating to
expectations about future events or results are based upon information
available to Align as of the date hereof. Readers are cautioned that these
forward-looking statements are only predictions and are subject to risks,
uncertainties and assumptions that are difficult to predict. As a result,
actual results may differ materially and adversely from those expressed in any
forward-looking statement. Factors that might cause such a difference include,
but are not limited to, risks relating to Align's ability to protect its
intellectual property rights and potential intellectual property or product
liability claims or litigation. These and other risks are detailed from time
to time in Align's periodic reports filed with the Securities and Exchange
Commission, including, but not limited to, its Annual Report on Form 10-K for
the fiscal year ended December 31, 2003, which was filed with the Securities
and Exchange Commission on March 9, 2004, and its Quarterly Reports on Form
10-Q. Align undertakes no obligation to revise or update publicly any forward-
looking statements for any reason.
Investor Relations Contact: Press Contact:
Barbara Domingo Shannon Henderson
Align Technology, Inc. Ethos Communications, Inc.
408-470-1000 678-417-1767
investorinfo@aligntech.com shannon@ethoscommunication.com
SOURCE Align Technology, Inc.
-0- 08/26/2004
/CONTACT: investors, Barbara Domingo of Align Technology, Inc.,
+1-408-470-1000, or investorinfo@aligntech.com; or media, Shannon Henderson of
Ethos Communications, Inc., +1-678-417-1767, or
shannon@ethoscommunication.com, for Align Technology, Inc./
/Web site: http://www.invisalign.com /
(ALGN SYD)
CO: Align Technology, Inc.; Ormco Corporation; Sybron Dental
ST: California
IN: HEA MTC
SU: LAW