Exhibit 99.1
FEDERAL CIRCUIT COURT OF APPEALS REVERSES DISTRICT COURT AND FINDS
SIX ALIGN TECHNOLOGY PATENT CLAIMS TO BE OBVIOUS
SANTA CLARA, Calif., Aug. 31 /PRNewswire-FirstCall/ -- Align Technology,
Inc. (Nasdaq: ALGN), the inventor of Invisalign(R), a proprietary method of
straightening teeth without wires or brackets, learned today that the U.S. Court
of Appeals for the Federal Circuit (CAFC) has declared two out of a total of
seventy-one claims in Align's US Patent No. 6,398,548 (the '548 patent) and four
out of a total of ten claims in US Patent No. 6,544,611 (the '611 patent) to be
invalid as "obvious." The CAFC's decision reverses an earlier California
District Court decision that upheld the validity of these claims in a patent
infringement suit between Ormco Corporation and Align. The claims in question
address, in addition to other things, the marking of appliances to indicate
order of use. The majority of the claims in the '548 patent, including claims
that address methods of fabricating aligners, digital data sets or
computer-generated models to fabricate appliances, are unaffected by the appeal
and the CAFC's ruling. The '611 patent does not contain claims related to
digital data, computer-generated models, or methods of fabrication.
US Patent No. 6,398,548
The '548 patent consists of seventy-one claims; only claims 10 and 17 were
at issue in the appeal and CAFC ruling. These two claims are directed to a
system of appliances and method of repositioning teeth from an initial to a
final tooth arrangement where at least some of the appliances are marked to show
order of use. These claims contain further limitations requiring instructions as
to order in which the appliances are to be worn and use of the appliances in
intervals of 2-20 days.
US Patent No. 6,544,611
The '611 patent consists of ten claims directed to a system for
repositioning teeth that includes one or more intermediate appliances and a
final appliance, provided in a single package, as well as instructions which set
forth the order in which the appliances are to be worn. The CAFC's ruling
pertains only to claims 1, 2, 3 and 7 in the patent.
The six claims deemed obvious by the CAFC are not involved in the U.S.
International Trade Commission's (ITC) ongoing investigation into OrthoClear
Inc.'s alleged infringement of numerous Align patents. The '548 and '611 patents
are two of seventy-three total U.S. patents in Align's portfolio. Align is
currently considering whether to seek rehearing of the CAFC's decision or to
pursue other options.
About Align Technology, Inc.
Align Technology designs, manufactures and markets Invisalign, a proprietary
method for treating malocclusion, or the misalignment of teeth. Invisalign
corrects malocclusion using a series of clear, nearly invisible, removable
appliances that gently move teeth to a desired final position. Because it does
not rely on the use of metal or ceramic brackets and wires, Invisalign
significantly reduces the aesthetic and other limitations associated with
braces. Invisalign is appropriate for treating adults and older teens. Align
Technology was founded in March 1997 and received FDA clearance to market
Invisalign in 1998.
To learn more about Invisalign or to find a certified Invisalign doctor in
your area, please visit www.invisalign.com or call 1-800-INVISIBLE.
Investor Relations Contact Press Contact
Barbara Domingo Shannon Mangum Henderson
Align Technology, Inc. Ethos Communication, Inc.
(408) 470-1000 (678) 540-9222
investorinfo@aligntech.com align@ethoscommunication.com
SOURCE Align Technology, Inc.
-0- 08/31/2006
/CONTACT: investors, Barbara Domingo of Align Technology, Inc.,
+1-408-470-1000, or investorinfo@aligntech.com; or press, Shannon Mangum
Henderson of Ethos Communication, Inc., +1-678-540-9222, or
align@ethoscommunication.com, for Align Technology, Inc./
/Web site: http://www.invisalign.com /
(ALGN)