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) July 2, 2004
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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
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Not applicable
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(Former name or former address, if changed since last report)
ITEM 5. OTHER EVENTS
On July 7, 2004, Align Technology, Inc. ("Align") issued a press release
announcing that the United States District Court for the Central District,
Southern Division has granted summary judgment in Align's counterclaim against
Ormco Corporation, a division of Sybron Dental Specialties, Inc. The Court found
that Ormco infringes on two of Align's patents (U.S. Patent No. 6,398,548 and
6,554,611). The full text of the press release is attached hereto as Exhibit
99.1.
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS
(c) Exhibits.
Exhibit No. Description
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99.1 Press Release, dated July 7, 2004, for Align Technology, Inc.
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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: July 7, 2004 Align Technology, INC.
By: /s/ Eldon M. Bullington
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Eldon M. Bullington
Vice President of Finance and
Chief Financial Officer
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INDEX TO EXHIBITS
Exhibit No. Description
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99.1 Press Release, dated July 7, 2004, for Align Technology, Inc.
Exhibit 99.1
U.S. District Court Grants Align Technology Summary Judgment in Counterclaims
Against Ormco Corp., a Division of Sybron Dental
SANTA CLARA, Calif., July 7 /PRNewswire-FirstCall/ -- Align Technology,
Inc. (Nasdaq: ALGN), the inventor of Invisalign(R), a proprietary method of
straightening teeth without wires and brackets, announced today that the U.S.
District Court has granted summary judgment in Align's counterclaim against
Ormco Corporation, a division of Sybron Dental Specialties, Inc. (NYSE: SYD).
The United States District Court for the Central District, Southern
Division found that Ormco's product, Red, White & Blue, infringes on two of
Align's patents (U.S. Patent No. 6,398,548 and 6,554,611). Claims found to be
infringed upon include but are not limited to, claims that Ormco's appliances
are marked to indicate their order of use and that Ormco's appliances are
provided in a single package to the patient. Align is represented by
intellectual property specialty firm, Townsend and Townsend and Crew LLP.
"We are pleased that the Court has granted Align's motion for summary
judgment of infringement," said Thomas M. Prescott, President and CEO of Align
Technology, Inc. "We believe that our existing patents are highly defensible
and that our ability to mass-produce customized appliances used in
straightening teeth is unmatched. With this win behind us, we can continue to
focus on our goals of providing the best quality product, making our customers
happy, and providing 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. 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.
408-470-1000 678-417-1767
investorinfo@aligntech.com shannon@ethoscommunication.com
SOURCE Align Technology, Inc.
-0- 07/07/2004
/CONTACT: Investor Relations, Barbara Domingo of Align Technology, Inc.,
+1-408-470-1000, or investorinfo@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 SYD)
CO: Align Technology, Inc.; Ormco Corporation; Sybron Dental Specialties,
Inc.
ST: California
IN: HEA MTC
SU: LAW