Press Release
<< Back |
San Francisco County Superior Court Overrules OrthoClear's Challenges to Align Technology's Multi-Claim Lawsuit
SANTA CLARA, Calif., Aug 29, 2005 /PRNewswire-FirstCall via COMTEX/ -- Align Technology, Inc. (Nasdaq: ALGN), the inventor of Invisalign(R), a proprietary method of straightening teeth without wires and brackets, today announced that the San Francisco County Superior Court has issued an order overruling OrthoClear, Inc.'s demurrers to Align's Amended Complaint in the Company's multi-claim lawsuit against OrthoClear, Inc., OrthoClear Holdings, Inc., and individual defendants named in the Complaint. The Court allowed all of Align's tort and contract causes of action to proceed against OrthoClear and the individual defendants in the lawsuit.
In a hearing on August 18, 2005, OrthoClear presented its "demurrers" or challenges to Align's Amended Complaint, requesting dismissal of ten of Align's eleven causes of action against the OrthoClear defendants. After hearing oral arguments and reviewing the briefing submitted by all parties, the Court on August 23, 2005 issued an order overruling all of the defendants' demurrers. The OrthoClear defendants must now respond to Align's Amended Complaint by filing answers to the eleven causes of action brought by Align, which are:
-- Unfair Competition -- Misappropriation of Trade Secrets -- Breach of Contract -- Breach of the Covenant of Good Faith and Fair Dealing -- Intentional Interference with Prospective Economic Advantage -- Negligent Interference with Prospective Economic Advantage -- Conversion -- Accounting -- Breach of Confidence -- Breach of Loyalty -- Fraud
"Align filed its successful request for a preliminary injunction and its Amended Complaint against OrthoClear with just cause and with significant detail and supporting facts, and we are very pleased with the Court's Orders," said Roger E. George, Vice President, Legal Affairs and General Counsel for Align. "We are fully prepared to move forward with our substantive claims against OrthoClear in this state court litigation and in other appropriate forums."
More information and a copy of the Court order are available by selecting "Litigation Information" at http://investor.aligntech.com/litigation.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: investor relations, Barbara Domingo of Align Technology, Inc., +1-408-470-1000, or investorinfo@aligntech.com; or press, Shannon Mangum Henderson of Ethos Communication, Inc., +1-678-417-1767, or shannon@ethoscommunication.com, for Align.
SOURCE Align Technology, Inc.
investor relations, Barbara Domingo of Align Technology, Inc., +1-408-470-1000, or investorinfo@aligntech.com; or press, Shannon Mangum Henderson of Ethos Communication, Inc., +1-678-417-1767, or shannon@ethoscommunication.com, for Align
http://www.prnewswire.com
Copyright (C) 2005 PR Newswire. All rights reserved.
News Provided by COMTEX