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Orthodontic Patient Files Class Action Complaint; Alleges OrthoClear Settlement Disrupted Treatment
SANTA CLARA, Calif., May 23, 2007 /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, announced today that the Company has been notified of a purported class action complaint filed against Align Technology, OrthoClear Inc., and OrthoClear Holdings, Inc. in the United States District Court for the Northern District of New York on May 18, 2007. Align Technology became aware of the filing on May 22, 2007, but has not been served with a copy of the Complaint.
The Complaint, assigned case # CV-00535-NAM-GJD and captioned "Debra A. Weber, on behalf of herself and all others similarly situated, Plaintiff, against Align Technology Inc., OrthoClear Inc., and OrthoClear Holdings, Inc., d/b/a OrthoClear, Inc.," alleges that orthodontic treatments of the plaintiff dental patients "were interrupted, unduly prolonged or terminated as a result of defendants' unlawful conduct" relating to the OrthoClear settlement.
The Complaint alleges two causes of action against the OrthoClear defendants and one cause of action against Align Technology for breach of contract. The cause of action against Align Technology references Align's agreement to make Invisalign treatment available to OrthoClear patients, alleging that Align failed "to provide the promised treatment to Plaintiff or any of the Class Members."
Align Technology has reviewed the allegations contained in the Complaint and believes they are without merit. Following the OrthoClear settlement, Align Technology launched the Patients First Program to provide new Invisalign treatment to former OrthoClear patients at no charge to patients or their doctors. As of May 21, 2007, Align had shipped approximately 23,400 of the 24,700 cases submitted under the Patients First Program, including all Invisalign aligners for the named Plaintiff. The remaining in-process cases are expected to ship in the second quarter of 2007, as previously reported by the Company.
Align Technology intends to vigorously defend itself against the Complaint.
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.
To learn more about Invisalign or to find a certified Invisalign doctor, please visit http://www.invisalign.com or call 1-800-INVISIBLE.
Forward-Looking Statement
This news release may contain forward-looking statements, including statements regarding the anticipated timing of the completion of the remaining Patients First Program cases. 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 third party manufacturing processes and personnel, foreign operational, political and other risks relating to Align's international manufacturing operations, including risks related to our IMS, our third party shelter services provider located in Juarez, Mexico where our Aligner molds and finished Aligners are fabricated and the loss of key personnel. 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, 2006, which was filed with the Securities and Exchange Commission on March 12, 2007, 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 Contacts Press Contact Eldon Bullington Shannon Mangum Henderson Align Technology, Inc. Ethos Communication, Inc. (408) 470-1000 (678) 540-9222 investorinfo@aligntech.com align@ethoscommunication.com Matt Clawson Allen & Caron Inc. (949) 474-4300 matt@allencaron.com
SOURCE Align Technology, Inc.
Investors, Eldon Bullington of Align Technology, Inc, +1-408-470-1000, investorinfo@aligntech.com; or Matt Clawson of Allen & Caron Inc., +1-949-474-4300, matt@allencaron.com; or Media, Shannon Mangum Henderson of Ethos Communication, Inc., +1-678-540-9222, align@ethoscommunication.com, both for Align Technology, Inc.
http://www.invisalign.com
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