================================================================================
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 8-K
CURRENT REPORT PURSUANT
TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of report (Date of earliest event reported) July 25, 2006
ALIGN TECHNOLOGY, INC.
------------------------------------------------------
(Exact Name of Registrant as Specified in Its Charter)
Delaware
----------------------------------------------
(State or Other Jurisdiction of Incorporation)
0-32259 94-3267295
------------ -------------------
(Commission (IRS Employer
File Number) Identification No.)
881 Martin Avenue, Santa Clara, California 95050
------------------------------------------ ----------
(Address of Principal Executive Offices) (Zip Code)
(408) 470-1000
----------------------------------------------------
(Registrant's Telephone Number, Including Area Code)
Not applicable
-------------------------------------------------------------
(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (see General Instruction A.2. below):
[ ] Written communications pursuant to Rule 425 under the Securities
Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange
Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
================================================================================
ITEM 8.01 OTHER EVENTS
On August 7, 2006, Align Technology, Inc. ("Align") announced that the
United States Patent and Trademark Office has recently issued official actions
in Reexamination proceedings relating to Align's US Patent Nos. 6,309,215 and
6,217,325. The full text of the press release is attached hereto as Exhibit
99.1.
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS
(d) Exhibits.
EXHIBIT NO. DESCRIPTION
- ----------- -------------------------------------------------------------------
99.1 Press Release of Align Technology, Inc. dated August 7, 2006
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended,
the registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
Dated: August 7, 2006 ALIGN TECHNOLOGY, INC.
By: /s/ Roger E. George
---------------------------------
Roger E. George
Vice President of Corporate and
Legal Affairs and General Counsel
INDEX TO EXHIBITS
EXHIBIT NO. DESCRIPTION
- ----------- ----------------------------------------------------------------
99.1 Press Release of Align Technology, Inc. dated August 7, 2006
Exhibit 99.1
ALIGN TECHNOLOGY, INC. RECEIVES OFFICIAL ACTIONS IN REEXAMINATION PROCEEDINGS
SANTA CLARA, Calif., Aug. 7 /PRNewswire-FirstCall/ -- Align Technology,
Inc. (Nasdaq: ALGN), the inventor of Invisalign(R), a proprietary method of
straightening teeth without wires and brackets, today announced that the
United States Patent and Trademark Office ("PTO") has recently issued official
actions in Reexamination proceedings relating to Align's U.S. Patent Nos.
6,217,325 (the '325 patent) and 6,309,215 (the '215 patent). Both patents
relate to the Invisalign system and have been the subject of reexamination
proceedings in the PTO provoked by an unnamed petitioner.
On July 25, 2006, the PTO issued an "Office Action" with regard to the
reexamination of the '325 patent. The '325 patent had originally issued in 2001
with 26 claims. Fifteen additional claims were added by Align in the
reexamination. In its July 25th Office Action the PTO confirmed the
patentability of 32 claims. Align presently intends to pursue, in continuing
proceedings, the allowance of the rejected claims.
On July 27, 2006, the PTO issued a "Notice of Intent to Issue Ex Parte
Reexamination Certificate" with regard to Align's '215 patent. With this Notice
the PTO has now closed prosecution on the merits in the reexamination and
affirmed, in the face of all the prior art cited against the patent by the
unnamed petitioner, the patentability of all of Align's 42 claims pending in the
reexamination. While the '215 patent entered the reexamination proceedings with
16 claims, additional claims were added in the reexamination by Align and the
'215 patent will now leave the proceedings as a valid and enforceable patent
with 42 claims.
"We are extremely pleased at the promptness of the PTO in confirming the
validity of the Align claims in the '325 and '215 reexamination proceedings,"
said Roger E. George, Vice President, Legal and General Counsel. "While a
staggering amount of prior art was asserted in the reexaminations against these
claims, including all the art asserted by an unnamed party, the PTO has duly
considered the art and confirmed the validity of an even greater number of
claims than were contained in the patents as they were originally issued several
years ago. These actions by the PTO reaffirm our confidence in the strength and
value of the inventions claimed in Align's broad patent portfolio."
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 Press Contact
Barbara Domingo Shannon Mangum Henderson
Align Technology, Inc. Ethos Communication, Inc.
408-470-1000 678-417-1767
investorinfo@aligntech.com shannon@ethoscommunication.com
SOURCE Align Technology, Inc.
-0- 08/07/2006
/CONTACT: Investor Relations Contact, Barbara Domingo of Align
Technology, Inc., +1-408-470-1000, or investorinfo@aligntech.com; or Press
Contact, Shannon Mangum Henderson of Ethos Communication, Inc.,
+1-678-417-1767, or shannon@ethoscommunication.com, for Align Technology,
Inc./
/Web site: http://www.invisalign.com /
(ALGN)