Align Technology lawsuits

SAN JOSE, California, and DUSSELDORF, Germany--Align Technology has filed a patent infringement lawsuit in the District Court of Dusseldorf in the Federal Republic of Germany against Hamm-based Ortho Caps GmbH and its managing directors, Dr. Wajeeh Khan and Jocelyne Khan.

The lawsuit asserts Ortho Caps infringes Align patents by making, offering to sell, and selling its clear aligner therapy systems.

Align also filed a patent infringement lawsuit in the District Court of Dusseldorf in the Federal Republic of Germany against Rastede-based Rasteder KFO Spezial-Labor GmbH and its managing director, Volker Hinrichs, asserting Rasteder KFO Spezial-Labor infringes Align patents by making, offering to sell, and selling its clear aligner therapy systems.

In the lawsuit against Ortho Caps, Align asserts that Ortho Caps infringes five Align patents, numbers EP 2 263 599, EP 2 263 598, EP 0 989 828, EP 1 369 091, and EP 1 143 872, with respect to the production and sale of Ortho Caps aligners.

In the lawsuit against Rasteder KFO Spezial-Labor, Align asserts that Rasteder KFO Spezial-Labor infringes four Align patents, numbers EP 2 263 599, EP 2 263 598, EP 0 989 828, and EP 1 369 091, with respect to the production and sale of Rasteder KFO Spezial-Labor aligners.

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The patents-in-suit cover a range of processes and products relating to clear aligner therapy. Align is seeking a declaratory judgment regarding monetary damages and injunctive relief against further infringement. As is customary in Germany, service of the complaints will be effected by the court and is expected to be completed in the near future.

"Laws prohibiting patent infringement are there to protect innovative companies like Align as well as the consumers who use our products," said Roger E. George, Align's vice president, legal affairs and general counsel. "We will take all necessary actions to protect Align and its shareholders from unlawful competitive practices, including infringement of our intellectual property rights."

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