Align
Invisalign Itero

Press Release

May 16, 2002

Align Technology Named in Arbitration Demand

Align Technology Named in Arbitration Demand Santa Clara, Calif. - May 16, 2002 -- Align Technology, Inc. (Nasdaq: ALGN) today announced that it received notice that it had been named as a respondent in a demand for arbitration submitted to the American Arbitration Association in San Jose, California by Culver City, CA-based Discus Dental Impressions, Inc. On April 9, 2002, Align had exercised its contractual right to terminate an exclusive marketing agreement dated October 18, 2001 with Discus Dental, pursuant to the express terms of the agreement and issued a press release reporting this termination. In its arbitration demand, Discus Dental now claims that the termination was improper, and seeks monetary damages as well as other expenses, attorneys' fees and injunctive relief.

Prior to terminating the marketing agreement with Discus Dental, Align conducted a thorough review of the agreement and each party's performance thereunder. Based upon that review of the factual and legal issues, Align is confident that it acted properly in terminating the agreement. Align thus contends that the claims made by Discus Dental in its arbitration demand are entirely without merit, and will vigorously defend and prosecute its position in this matter.

About Align Technology, Inc.

Align Technology designs, manufactures and markets Invisalign, a proprietary new 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.

This news release may contain forward-looking statements based on Align Technology's current expectations. These forward-looking statements involve risks and uncertainties. A number of important factors could cause actual results to differ materially from those in the forward-looking statements. These factors include Align Technology's ability to achieve profitability, the ability to control costs and continue to achieve efficiencies, the adoption by orthodontists, dentists, and consumers of Invisalign, Align Technology's successful enforcement of its intellectual property and avoidance of infringement on third party patents, Align Technology's ability to establish and maintain reliable, high-volume manufacturing capacity in the U.S. and internationally and Align Technology's ability to manage its significant growth and retain its key personnel. These factors, as well as other factors that could cause actual results to differ materially, are discussed in more detail in Align Technology's Annual Report on Form 10-K, as well as in other reports and documents filed from time to time with the Securities and Exchange Commission.
 

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