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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) August 30, 2006
ALIGN TECHNOLOGY, INC.
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(Exact Name of Registrant as Specified in Its Charter)
Delaware 0-32259 94-3267295
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(State or Other Jurisdiction (Commission (IRS Employer
of Incorporation) File Number) Identification No.)
881 Martin Avenue, Santa Clara, California 95050
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(Address of Principal Executive Offices) (Zip Code)
(408) 470-1000
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(Registrant's Telephone Number, Including Area Code)
Not applicable
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(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))
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ITEM 8.01 OTHER EVENTS
On August 31, 2006, Align Technology, Inc. (the "Company") issued a press
release announcing that the United States Court of Appeals for the Federal
Circuit ("CAFC") has declared two out of a total of seventy-one claims in the
Company's US Patent No. 6,398,548 and four out of a total of ten claims in US
Patent No. 6,544,611 to be invalid as "obvious". The CAFC's decision reverses an
earlier decision of the United States District Court for the Central District,
Orange County Division that upheld the validity of these claims in a patent
infringement suit between Ormco Corporation and the Company. A full text of the
press release is attached to this Form 8-K as Exhibit 99.1.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS
(d) Exhibits
EXHIBIT NO. DESCRIPTION
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99.1 Press Release of Align Technology, Inc. dated August 31, 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 31, 2006 ALIGN TECHNOLOGY, INC.
By: /s/ Roger E. George
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Roger E. George
Vice President of Corporate and
Legal Affairs and General Counsel
INDEX TO EXHIBITS
EXHIBIT NO. DESCRIPTION
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99.1 Press Release of Align Technology, Inc. dated August 31, 2006
Exhibit 99.1
FEDERAL CIRCUIT COURT OF APPEALS REVERSES DISTRICT COURT AND FINDS
SIX ALIGN TECHNOLOGY PATENT CLAIMS TO BE OBVIOUS
SANTA CLARA, Calif., Aug. 31 /PRNewswire-FirstCall/ -- Align Technology,
Inc. (Nasdaq: ALGN), the inventor of Invisalign(R), a proprietary method of
straightening teeth without wires or brackets, learned today that the U.S. Court
of Appeals for the Federal Circuit (CAFC) has declared two out of a total of
seventy-one claims in Align's US Patent No. 6,398,548 (the '548 patent) and four
out of a total of ten claims in US Patent No. 6,544,611 (the '611 patent) to be
invalid as "obvious." The CAFC's decision reverses an earlier California
District Court decision that upheld the validity of these claims in a patent
infringement suit between Ormco Corporation and Align. The claims in question
address, in addition to other things, the marking of appliances to indicate
order of use. The majority of the claims in the '548 patent, including claims
that address methods of fabricating aligners, digital data sets or
computer-generated models to fabricate appliances, are unaffected by the appeal
and the CAFC's ruling. The '611 patent does not contain claims related to
digital data, computer-generated models, or methods of fabrication.
US Patent No. 6,398,548
The '548 patent consists of seventy-one claims; only claims 10 and 17 were
at issue in the appeal and CAFC ruling. These two claims are directed to a
system of appliances and method of repositioning teeth from an initial to a
final tooth arrangement where at least some of the appliances are marked to show
order of use. These claims contain further limitations requiring instructions as
to order in which the appliances are to be worn and use of the appliances in
intervals of 2-20 days.
US Patent No. 6,544,611
The '611 patent consists of ten claims directed to a system for
repositioning teeth that includes one or more intermediate appliances and a
final appliance, provided in a single package, as well as instructions which set
forth the order in which the appliances are to be worn. The CAFC's ruling
pertains only to claims 1, 2, 3 and 7 in the patent.
The six claims deemed obvious by the CAFC are not involved in the U.S.
International Trade Commission's (ITC) ongoing investigation into OrthoClear
Inc.'s alleged infringement of numerous Align patents. The '548 and '611 patents
are two of seventy-three total U.S. patents in Align's portfolio. Align is
currently considering whether to seek rehearing of the CAFC's decision or to
pursue other options.
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) 540-9222
investorinfo@aligntech.com align@ethoscommunication.com
SOURCE Align Technology, Inc.
-0- 08/31/2006
/CONTACT: investors, Barbara Domingo of Align Technology, Inc.,
+1-408-470-1000, or investorinfo@aligntech.com; or press, Shannon Mangum
Henderson of Ethos Communication, Inc., +1-678-540-9222, or
align@ethoscommunication.com, for Align Technology, Inc./
/Web site: http://www.invisalign.com /
(ALGN)