UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 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) May 13, 2004
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 File Number) (I.R.S. Employer
of incorporation) Identification No.)
881 Martin Avenue, Santa Clara, California 95050
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code (408) 470-1000
Not applicable
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(Former name or former address, if changed since last report)
ITEM 5. OTHER EVENTS
On May 17, 2004, Align Technology, Inc. ("Align") issued a press release
announcing that on May 13, 2004, the United States District Court for the
Central District, Southern Division, granted Align's motion for summary judgment
of non-infringement of Ormco Corporation's ("Ormco") Patent Nos. 5,447,432,
5,683,243, 6,244,861 and 6,616,444 in the patent infringement case brought
against Align by Ormco in January 2003. The press release is attached hereto as
Exhibit 99.1 and is incorporated herein in its entirety by reference.
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS
(c) Exhibits.
Exhibit No. Description
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99.1 Press Release, dated May 17, 2004, for Align Technology, Inc.
announcing the granting of Align's motion for summary judgment
of non-infringement of Ormco Corporation's Patent Nos.
5,447,432, 5,683,243, 6,244,861 and 6,616,444.
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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: May 17, 2004 Align Technology, INC.
By: /s/ Eldon M. Bullington
-----------------------------
Eldon M. Bullington
Vice President of Finance and
Chief Financial Officer
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INDEX TO EXHIBITS
Exhibit No. Description
- ----------- --------------------------------------------------------------
99.1 Press Release, dated May 17, 2004, for Align Technology, Inc.
announcing the granting of Align's motion for summary judgment
of non-infringement of Ormco Corporation's Patent Nos.
5,447,432, 5,683,243, 6,244,861 and 6,616,444.
Exhibit 99.1
Align Technology Announces Favorable Ruling in Patent Infringement Suit With
Ormco Corporation, a Division of Sybron Dental
SANTA CLARA, Calif., May 17 /PRNewswire-FirstCall/ -- Align Technology,
Inc. (Nasdaq: ALGN), the inventor of Invisalign(R), a proprietary method of
straightening teeth without wires and brackets, announced today the favorable
outcome of the patent litigation suit filed by Ormco Corporation, a division
of Sybron Dental Specialties, Inc. (NYSE: SYD).
The United States District Court for the Central District, Southern
Division, granted Align's motion for summary judgment of non-infringement in the
patent infringement case brought against Align by Ormco Corporation in January
2003. Accordingly, Align has been found not to infringe Ormco's Patent Nos.
5,447,432, 5,683,243, 6,244,861 and 6,616,444. Align is represented by
intellectual property specialty firm, Townsend and Townsend and Crew LLP.
"We are very pleased with the Court's ruling which vindicates our position
that we do not infringe any of Ormco's patents. We will continue to vigorously
assert our rights and defend our intellectual property," said Thomas M.
Prescott, President and CEO of Align Technology, Inc. "With this favorable
ruling, we can continue to focus on providing the best quality product to our
customers and returning excellent shareholder value."
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.
Forward-Looking Statements
This news release contains forward-looking statements, including statements
regarding Align's belief that the summary judgment will enable it to continue to
focus on delivering quality product to its customers and returning excellent
shareholder value and Align's intention to continue to defend its intellectual
property. In addition, there is no assurance that the court's decision will not
be overturned on appeal. 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 ability to protect its
intellectual property rights and potential intellectual property or product
liability claims or litigation. 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, 2003, which was filed with the Securities and
Exchange Commission on March 9, 2004, 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 Contact: Press Contact:
Barbara Domingo Shannon Henderson
Align Technology, Inc. Ethos Communications, Inc.
408-470-1204 678-417-1767
bdomingo@aligntech.com shannon@ethoscommunication.com
SOURCE Align Technology, Inc.
-0- 05/17/2004
/CONTACT: investors, Barbara Domingo of Align Technology, Inc.,
+1-408-470-1204, or bdomingo@aligntech.com; or press, Shannon Henderson of
Ethos Communications, Inc., +1-678-417-1767, or
shannon@ethoscommunication.com, for Align Technology, Inc./
/Web site: http://www.invisalign.com /
(ALGN)
CO: Align Technology, Inc.; Ormco Corporation; Sybron Dental
ST: California
IN: CPR HEA MTC STW
SU: LAW