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Align v. OrthoClear: Injunction Bars Sales Rep Poaching, Info Disclosure

This article was originally published in The Gray Sheet

Executive Summary

A recent court order restrains teeth straightening device start-up OrthoClear from recruiting sales reps from Align Technology in anticipation of a spring launch of its OrthoClear System

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OrthoClear agrees to Align

Align Technology and OrthoClear agree to a U.S. International Trade Commission exclusion order which prevents OrthoClear from importing its dental aligner products into the U.S. Additionally, OrthoClear will transfer all intellectual property rights for treatment of malocclusion. Align will pay $10 mil. to OrthoClear immediately and an additional $10 mil. if OrthoClear shareholders approve further restrictions. Former Align CEO and co-founder Muhammad Chishti left the company in March 2002 to start OrthoClear with former Align personnel. A 2005 court order barred OrthoClear from recruiting sales reps from Align (1"The Gray Sheet" March 7, 2005, p. 32)...

OrthoClear agrees to Align

Align Technology and OrthoClear agree to a U.S. International Trade Commission exclusion order which prevents OrthoClear from importing its dental aligner products into the U.S. Additionally, OrthoClear will transfer all intellectual property rights for treatment of malocclusion. Align will pay $10 mil. to OrthoClear immediately and an additional $10 mil. if OrthoClear shareholders approve further restrictions. Former Align CEO and co-founder Muhammad Chishti left the company in March 2002 to start OrthoClear with former Align personnel. A 2005 court order barred OrthoClear from recruiting sales reps from Align (1"The Gray Sheet" March 7, 2005, p. 32)...

People In Brief

FDA Deputy Commissioner for Policy: Amit Sachdev leaves the agency to pursue private-sector opportunities after serving more than eight years in various government positions and roughly a year at one of the three deputy-commissioner posts created by Acting Commissioner Lester Crawford in the top-level restructuring that followed Mark McClellan's 2004 departure. As FDA's legislative liaison, Sachdev was involved with MDUFMA (1"The Gray Sheet" Sept. 23, 2002, p. 4). Crawford's confirmation as FDA's permanent chief could create another opportunity to revisit its leadership structure...

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