Align patent battle
This article was originally published in The Gray Sheet
Invisalign dental system-maker Align Technologies infringes a patent held by orthodontics firm Ormco, the U.S. District Court for the Central District of California rules June 25. Monetary damages will be determined at a later trial. Align says it disagrees with the District Court, and will seek to overturn the decision in post-trial motions or in federal appeals court, if necessary. The verdict does not currently preclude Align from selling Invisalign, the company notes
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Patent suit settlement announced Aug. 17 gives Danaher's Ormco subsidiary a 10% ownership stake in Align Technology, maker of the Invisalign system for treating dental misalignment. Align will give Ormco $13 million in cash as well as company stock worth $77 million under the agreement, pending anti-trust clearance. The settlement also calls for the firms to jointly develop and market an orthodontic product combining Invisalign with Ormco's Insignia custom orthodontic bracket and arch wires system "to treat the most complex cases," Align says. In June, the patent battle resulted in a ruling against Align in the U.S. District Court for the Central District of California (1"The Gray Sheet" July 6, 2009)
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