Jury Renders Verdict for Ormco - Align's Invisalign(R) Product Infringes Ormco Patent
June 26 2009 - 8:00AM
PR Newswire (US)
ORANGE, Calif., June 26 /PRNewswire/ -- Ormco Corporation, a
subsidiary of Danaher Corporation (NYSE:DHR), announced today that
it received a favorable jury verdict in its patent infringement
case against Align Technology, Inc., the maker of Invisalign(R), a
clear, removable appliance used to straighten teeth. The jury
unanimously found that Align's process for creating its
Invisalign(R) aligners infringed several claims of a patent held by
Ormco. The claims at issue cover a process for creating 3D
representations of the teeth of a patient for use in modeling tooth
movement, a technique used in orthodontic treatment. In addition to
finding Align infringed the patent claims asserted by Ormco, the
jury rejected Align's assertions that the claims at issue in the
lawsuit were invalid and unenforceable. "We are pleased that the
jury reached a verdict in favor of Ormco," said Don Tuttle,
President of Ormco Corporation. He then added that, "We have long
maintained that Align's process for creating aligners used our
intellectual property and that the attacks on the enforceability of
our patent claims were unfounded." The Court has not yet entered
judgment in the case. Although Ormco expects that Align will file
post-trial motions with the Court trying to alter the jury's
decision, Ormco believes a judgment on the verdict will be entered.
Following the entry of the judgment on the verdict, Ormco will be
entitled to request the court issue a permanent injunction to
enjoin Align's continued infringement and to seek a reasonable
royalty on all of their US sales made since January of 2003 by
Align of its Invisalign(R) aligners. Please contact: Matt R. McGrew
Vice President, Investor Relations Danaher Corporation Telephone:
(202) 828-0850 DATASOURCE: Ormco Corporation CONTACT: Matt R.
McGrew, Vice President, Investor Relations of Danaher Corporation,
+1-202-828-0850, or Fax, +1-202-828-0860
Copyright