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Press Release

Jul 25, 2001

Align Technology Settles Antitrust Litigation

Align Technology Settles Antitrust Litigation Santa Clara, Calif. - July 25, 2001 -- Align Technology, Inc. (Nasdaq: ALGN), the inventor of the Invisalign® System, a proprietary method of straightening teeth without unsightly wires and brackets, today announced it has reached an agreement in principle to settle a class action lawsuit filed against the company earlier this year on behalf of all licensed general practice dentists in the U.S.

In February 2001 Align Technology was named in a class action lawsuit filed on behalf of all licensed dentists (excluding orthodontists) in the U.S. The complaint alleged that Align Technology's policy of selling the Invisalign System exclusively to orthodontists violated the U.S. antitrust laws. Without admitting any wrongdoing and pending approval from the court and the completion of definitive documentation, the company reached an agreement in principle with the plaintiffs to settle the lawsuit. The remaining total legal and other settlement costs that Align has agreed to pay are approximately $400,000. Pursuant to the settlement, Align will undertake to train and certify 5,000 general practice dentists each year over the next four years.

"We are pleased to announce the settlement agreement in principle of the class action lawsuit at a contained cost to Align," said Zia Chishti, chief executive officer of Align Technology. "Further, we are confident that the settlement is consistent with our emergent corporate initiative to broaden our distribution to general practice dentists in the U.S."

About Align Technology

Align Technology designs, manufactures and markets the Invisalign System, a proprietary new method for treating malocclusion, or the misalignment of teeth. The Invisalign System 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, the Invisalign System 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 the Invisalign System in 1998.

This release may contain forward-looking statements based on Align Technology's current expectations with respect to the pending lawsuit. These forward-looking statements involve risks and uncertainties, including the scope of the plaintiff's claims, the merit of the plaintiff's claims, the outcome of litigation, any financial impact resulting from litigation and Align Technology's ability to successfully conclude the litigation and to obtain court approval of the settlement agreement. Other factors that could materially impact Align Technology are discussed in more detail in Align Technology's registration statement on Form S-1, as well as other reports and documents filed from time to time with the Securities and Exchange Commission.

 

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