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Align Tech (ALGN) to Ortho Caps GmbH: 'You've Infringed Our Patents'

December 21, 2011 8:35 AM EST
Align Technology, Inc. (Nasdaq: ALGN) 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 Ms. Jocelyne Khan asserting Ortho Caps infringes Align patents by making, offering to sell, and selling its clear aligner therapy systems.

Align also filed a patent infringement lawsuit today in the District Court of Dusseldorf in the Federal Republic of Germany against Rastede-based Rasteder KFO Spezial-Labor GmbH and its managing director Mr. 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. The patents-in-suit cover a wide 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.


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