Friday, April 10, 2009

ClearCorrect Voluntarily Dismisses Lawsuit Against Invisalign®

A new company, ClearCorrect has entered the orthodontics by hard plastic aligner business. I've followed this with some interest since Align Technologies is a big player in this arena and I wasn't sure how the legal issues would shake out. It looks like all is well for a new player. For more info, read on.

HOUSTON, TX--(Marketwire - April 9, 2009) - ClearCorrect, Inc., a manufacturer of FDA-cleared transparent orthodontic aligners, today filed a notice of voluntary dismissal regarding its declaratory judgment against Invisalign® manufacturer Align Technology after Align stated to the court that it has no intention of suing ClearCorrect for patent infringement.

ClearCorrect filed its declaratory judgment on February 17th in the United States District Court for the Southern District of Texas, Houston Division. Specifically, ClearCorrect's original complaint alleged that certain patents owned by Align Technology (Invisalign) are invalid and that ClearCorrect's clear braces products and processes do not infringe upon those patents.

From the outset, ClearCorrect has made it clear that if Align provided assurance that it did not intend to sue ClearCorrect, then ClearCorrect would voluntarily dismiss the case. In its moving papers, Align has represented to the Court that:

"(Align) has never expressly or impliedly asserted any claim or engaged in any conduct that indicated that it believed (ClearCorrect) infringed any claim under any patent or that it would engage in any action as a result of such infringement."

In addition, Align has expressly disavowed any statements of its employees that indicated Align intended to sue ClearCorrect. Align has further stated that no employee has been authorized to make such statements. Align has also represented that it has not engaged in any "scare the customer" tactics.

According to ClearCorrect's attorney, Randy J. McClanahan of Houston-based law firm McClanahan, Myers and Espey, LLP, "This is a good outcome. Align has clarified that there is no black cloud of impending litigation. ClearCorrect's principals can now concentrate on growing their business. We are pleased that both parties will be able to compete fairly in this important market."

"We're happy to voluntarily dismiss our suit after receiving court-filed assurances that Align has no intention to sue us for patent infringement," explained ClearCorrect CEO and practicing Houston dentist Dr. Willis Pumphrey. "We are now ready to focus on competing and aggressively marketing our product."

About ClearCorrect, Inc.
Headquartered in Houston, Texas, ClearCorrect was founded by dentists to serve the dental and orthodontic industry by providing a superior and more affordable clear aligner system. The highly sophisticated ClearCorrect treatment delivery system and corresponding aligner products are based on years of research and clinical experience. Cutting-edge technological advances and advanced treatment expertise, coupled with comprehensive marketing and sales support, make ClearCorrect the premier clear aligner solution of choice for informed dentists and patients. The company's modern, needs-based approach for serving doctors and patients has earned it a leadership position within the dental industry. For information about ClearCorrect, the company and its products, visit or call 1-888-331-3323.

No comments:

Post a Comment