Recommences Federal Court Infringement Action Against ClearCorrect
SAN JOSE, CA -- (Marketwired) -- 01/31/17 -- Align Technology, Inc. (NASDAQ: ALGN) today announced that it has filed a lawsuit against ClearCorrect Holdings, Inc., and ClearCorrect Operating, LLC (together "ClearCorrect") and Your Smile Direct LTD of Dublin, Ireland ("Your Smile Direct") for patent infringement in the Chancery Division of the High Court of Justice of the United Kingdom. In the lawsuit, Align asserts that ClearCorrect infringes four Align patents by marketing, importing, and selling ClearCorrect's clear aligners, and that Your Smile Direct infringes three Align patents by marketing, importing, and
selling ClearCorrect aligners under the Your Smile Direct brand.
"The International Trade Commission already found Align's U.S. patents to be infringed by ClearCorrect. We believe that ClearCorrect is now infringing Align's European patents by offering its aligners to consumers through Your Smile Direct and to practitioners through its own distribution throughout the United Kingdom. We will continue to assert and defend our intellectual property rights against infringement by Your Smile Direct, ClearCorrect, or any other company, both in the United States and internationally," said Roger E. George, Align Technology vice president and general counsel.
The patents-in-suit include those listed below and cover Align's orthodontic appliances and methods for designing and manufacturing aligners: European Patent (UK) Numbers - 2295004, 2263598, 1178760, 1143872.
Align also announced that it has recommenced its stayed infringement litigation against ClearCorrect in federal district court in Houston. In light of the final conclusion of the ITC action in September 2016, Align filed a motion in federal district court in Houston to lift the stay that had been in place since the commencement of the ITC action. ClearCorrect filed a lengthy opposition to the motion, but the court ultimately granted Align's motion and the matter is now active and the parties are exchanging supplemental discovery.
"We are proceeding aggressively now that we received permission to continue our litigation in Houston," continued George. "We will present evidence of ClearCorrect's ongoing infringement, and intend to rely in part on the findings of infringement and validity from the ITC proceedings."
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.
Investor Relations Contact
Align Technology, Inc.
Shannon Mangum Henderson
Ethos Communication, Inc.
Source: Align Technology
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