ClearCorrect files declaratory judgment against Align Technology

    Feb. 17, 2009
    Suit filed in the United States District Court for the Southern District of Texas, Houston Division.

    HOUSTON, Texas--ClearCorrect, Inc., a manufacturer of FDA-cleared transparent orthodontic aligners commonly known as clear braces or invisible braces, has filed a declaratory judgment against Align Technology.

    The suit was filed in the United States District Court for the Southern District of Texas, Houston Division.

    By definition, a declaratory judgment is a court decision in a civil case that tells the parties what their rights and responsibilities are, without awarding damages or ordering them to do anything. Unlike most court cases, where the plaintiff asks for damages or other court orders, the plaintiff in a declaratory judgment case simply wants the court to resolve an uncertainty so that it can avoid future litigation and associated costs.

    Specifically, ClearCorrect has filed a complaint that alleges that certain patents owned by Align Technology, the manufacturer of Invisalign, are invalid and that ClearCorrect's clear braces products and processes do not infringe upon those patents.

    According to ClearCorrect's attorney, Randy J. McClanahan of Houston-based law firm McClanahan, Myers and Espey, LLP, "This suit was filed against Align Technology not to prevent Align from conducting business, but to ensure that ClearCorrect could compete openly and fairly in the market for clear orthodontic aligners without threat of litigation by Align."

    "Fortunately for us, the Constitution provides protection in these 'David vs. Goliath' situations," explained ClearCorrect CEO and practicing Houston dentist Dr. Willis Pumphrey. "We are merely trying to avoid protracted litigation such as Align's suit against Ormco Corporation, which took six years and untold legal costs to eventually prove the invalidity of several of Align's patent claims. We are willing to voluntarily dismiss our suit if Align provides assurance that it will not initiate similar litigation in the future."

    For information about ClearCorrect, the company and its products, visit ClearCorrect or call (888) 331-3323.

    To read more about orthodontic aligners, go to orthodontic aligners.

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