Align
Invisalign Itero

Press Release

Jan 31, 2006

U.S. District Court Denies OrthoClear's Motion to Delay Federal Proceedings in Align Technology Lawsuit

U.S. District Court Denies OrthoClear's Motion to Delay Federal Proceedings in Align Technology Lawsuit

Santa Clara, Calif. - January 31, 2006 - Align Technology, Inc. (Nasdaq: ALGN), the inventor of Invisalign®, a proprietary method of straightening teeth without wires and brackets, today announced that the U.S. District Court for the Northern District of California has issued an order denying OrthoClear, Inc.'s motion to stay federal proceedings in Align's multi-claim lawsuit against OrthoClear, Inc. and OrthoClear Holdings, Inc.

In July 2005, Align filed suit in the Northern District of California federal court against OrthoClear, alleging multiple violations of the federal Lanham Act, including unfair competition, trademark infringement and false advertising. In December 2005, OrthoClear filed a motion to stay the case pending the outcome of Align-OrthoClear litigation in California state court and the outcome of OrthoClear's opposition to an Align trademark application with the U.S. Patent and Trademark Office.

On January 26, 2006, the Court issued an order and detailed opinion denying OrthoClear's motion to stay and canceling the scheduled hearing on the motion. Align's federal trademark infringement and false advertising case against OrthoClear will move forward without the delay requested by OrthoClear. The trial date is currently set for October 30, 2006.

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.

Investor Relations Contact
Barbara Domingo
Align Technology, Inc.
(408) 470-1000
investorinfo@aligntech.com

Press Contact
Shannon Mangum Henderson
Ethos Communication, Inc.
(678) 417-1767
shannon@ethoscommunication.com

 

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