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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) February 2, 2005
ALIGN TECHNOLOGY, INC.
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(Exact Name of Registrant as Specified in Its Charter)
Delaware
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(State or Other Jurisdiction of Incorporation)
0-32259 94-3267295
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(Commission File Number) (IRS Employer 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 February 2, 2005, Align Technology, Inc. issued a press release which
is attached as Exhibit 99.1 and is incorporated herein by reference
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS
(C) EXHIBITS.
Exhibit No. Description
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99.1 Press Release of Align Technology, Inc. dated February 2, 2005
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: February 2, 2005 ALIGN TECHNOLOGY, INC.
By: /s/ Eldon M. Bullington
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Eldon M. Bullington
Vice President of Finance and
Chief Financial Officer
INDEX TO EXHIBITS
Exhibit No. Description
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99.1 Press Release of Align Technology, Inc. dated February 2, 2005
Exhibit 99.1
ALIGN TECHNOLOGY FILES LAWSUIT
SANTA CLARA, Calif., Feb. 2 /PRNewswire-FirstCall/ -- Align Technology,
Inc. (Nasdaq: ALGN), the inventor of Invisalign(R), a proprietary method of
straightening teeth without wires and brackets, today filed a multi-claim
lawsuit in San Francisco County Superior Court against defendants OrthoClear,
Inc., OrthoClear Holdings, Inc., Muhammad Ziaullah Chishti, Bao Tran, Peter
Riepenhausen, Joe Breeland, Jeff Tunnell, Christopher Kawaja, and Charles Wen.
Among other things, the lawsuit alleges tortious and illegal actions arising out
of defendants' plan to unlawfully utilize Align's intellectual property,
confidential information and employees.
In addition, the lawsuit alleges that OrthoClear, Mr. Chishti and the
persons named above are in breach of contractual obligations, statutory law, and
common law, for the purpose of attempting to intentionally interfere and disrupt
Align's on-going operations and improperly gain access to Align's customer
relationships and trade secrets.
"We will take all necessary actions to protect Align's vital corporate
assets and technology leadership on behalf of our shareholders," stated Thomas
M. Prescott, Align Technology's President and CEO. "The success of Invisalign is
not easily replicated. Our leading market position is the product of substantial
investment and many years of extensive research and development. We intend to
vigorously enforce all of our legal rights."
By its Complaint, Align seeks injunctive relief and monetary damages in
an amount to be determined.
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.
Align Webcast and Conference Call
Align Technology will host a webcast and conference call, February 3,
2005 at 9:00 a.m. EST, 6:00 a.m. PST, to discuss this press release. To access
the webcast, click on "Conference Calls" on Align Technology's Investor
Relations web site at
http://www.aligntech.com/generalapp/us/en/corporate/investor_frameset.jsp . To
access the conference call, please dial 201-689-8341 approximately twenty
minutes prior to the start of the call. If you are unable to listen to the call,
an archived web cast will be available beginning approximately one hour after
the call's conclusion and will be available on our website.
Additionally, a telephonic replay of the call can be accessed by dialing
877-660-6853 with account number 292 followed by # and conference number 138328
followed by #. The replay may be accessed from international locations by
dialing 201-612-7415 and using the same account and conference numbers
referenced above. The telephonic replay will be available through 5:30 p.m. EST
on February 10, 2005.
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- 02/02/2005
/CONTACT: investors, Barbara Domingo of Align Technology, Inc.,
+1-408-470-1204, or bdomingo@aligntech.com; or media, 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)