SANTA CLARA, Calif., Nov 10, 2005 /PRNewswire-FirstCall via COMTEX News Network/ -- Align Technology, Inc. (Nasdaq: ALGN), the inventor of Invisalign(R), a proprietary method of straightening teeth without wires or brackets, today announced that the San Francisco Superior Court recently issued its ruling on the challenges of Align and certain individuals (the "Align Parties") to OrthoClear's Supplemental and First Amended Cross-Complaint.

The Court agreed with the Align Parties' challenges to 18 of the 19 causes of action. Of the 18 causes of action successfully challenged by the Align Parties, the Court ordered that 6 be dismissed entirely. As to the remaining 12 challenged causes of action, OrthoClear is required to either dismiss them (as they were identified as insufficient by the Court) or attempt, for a third time, to state valid claims against the Align Parties. The Align Parties will have the opportunity to challenge any further amended pleading filed by OrthoClear.

"We are very pleased with the Court's recent order, especially in that it permanently disposes of six of OrthoClear's claims," said Roger E. George, Align's Vice President, Legal and General Counsel. "It reaffirms that OrthoClear's cross-complaint is just a distraction to the real issues of OrthoClear's misappropriation and unfair competition presented in Align's First Amended Complaint."

In addition, Align today announced that the United States Patent and Trademark Office ("PTO") allowed and approved for publication Align's application to register its trademark THE CLEAR WAY TO STRAIGHTEN TEETH, the trademark that is also the subject of Align's trademark infringement case against OrthoClear pending in United States District Court in San Francisco. The allowance and approval comes just nine days after an electronic formatting error (blurring the photograph submitted as supporting evidence) caused the PTO to issue an initial refusal -- corrected within days -- which was erroneously reported by a third party as "seriously undermining the trademark infringement element of Align's federal case."

"Align's rights to the trademark THE CLEAR WAY TO STRAIGHTEN TEETH commenced when Align started using the mark at least as early as 2002," added Roger E. George. "Although our trademark rights and related claims in the federal court litigation against OrthoClear do not depend on the registration of the trademark, we are pleased the Patent and Trademark Office approved our application for publication, and we look forward to adding it to Align's broad portfolio of registered trademarks."

More information and a copy of Align's Complaint are available by selecting "Litigation Information" at http://investor.aligntech.com/litigation_OC.cfm .

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 in your area, please visit www.invisalign.com or call 1-800-INVISIBLE.

CONTACT: investors, Barbara Domingo of Align Technology, Inc., +1-408-470-1000, or investorinfo@aligntech.com; or media, Shannon Mangum Henderson of Ethos Communication, Inc., +1-678-417-1767, or shannon@ethoscommunication.com, for Align Technology, Inc.

SOURCE Align Technology, Inc.

investors, Barbara Domingo of Align Technology, Inc., +1-408-470-1000, or
investorinfo@aligntech.com; or media, Shannon Mangum Henderson of Ethos
Communication, Inc., +1-678-417-1767, or shannon@ethoscommunication.com, for Align
Technology, Inc.

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