Wednesday, July 22, 2009

Invisalign's Align Technology Update on Litigation wtih Ormco

Align Technology Provides Update on Patent Litigation with Ormco Corporation

SANTA CLARA, Calif., July 21, 2009 -- Align Technology, Inc. (Nasdaq: ALGN) today provided an update on the a lawsuit brought by Ormco Corporation (Ormco) against Align Technology, Inc. (Align) in the U.S. District Court for the Central District of California (District Court), which was tried by jury June 9 through June 25, 2009.
As previously disclosed, on June 26, 2009, the jury delivered a verdict against Align. Ormco alleged that Align infringed claims of Ormco’s 6,616,444 patent. Align claimed non-infringement, invalidity, as well as unenforceability of the patent and equitable defenses. The jury found the claims asserted by Ormco in the 6,616,444 patent to be infringed and valid. The jury also issued an advisory verdict that Ormco did not engage in prosecution laches or unclean hands, equitable defenses raised by Align. The jury only determined liability. Any monetary damages will be determined in a later trial, which has not been schedule, but would likely occur in early 2010. The jury verdict does not preclude Align from selling its Invisalign System. We have not accrued any liability for the judgment related to the Ormco litigation as such amounts are not reasonably estimable at this time. This is due to a number of factors, including: that the Court has not yet entered judgment; that discovery regarding possible damages is a lengthy and time consuming process involving testimony of experts and has not yet begun; and that determining a reasonable royalty rate is highly fact specific and there are many complicated factors to consider in this case.

The Court requested and has received briefing on the equitable defenses raised by Align and is expected to rule on the equitable defenses later this week. Align believes the facts and the law do not support the jury’s findings of infringement and validity and therefore has filed a motion for judgment as a matter of law on all issues seeking to set aside the jury’s verdict of liability. The Court has set a hearing on our motion for August 3, 2009, after which the Court is expected to enter judgment. Depending on the judgment entered by the Court, we may file various post-trial motions and if unsuccessful, we intend to appeal the liability decision and request a stay of the damages phase of the case pending appeal.

On July 13, 2009, Ormco filed a motion for permanent injunction against Align seeking to enjoin the sale of the Invisalign System through the January 2010 expiration of the 6,616,444 patent, as well as other injunctive relief including the destruction of all material, including software, created by Align from September 2003 to the present, the discontinuation of certification programs and the decertification of doctors certified from September 2003 to the present and the destruction of sales representatives’ records developed during this time period. The Court has scheduled a hearing on the motion for permanent injunction for August 17, 2009. Ormco seeks unusual injunctive relief that we believe is unwarranted and not supported by the law or facts of the case. Align will contend that an injunction would cause irreparable harm to Align, its employees and those doctors who include Invisalign as a large part of their practice, and would interrupt patient treatment and services currently underway. In addition, a balancing of hardships weighs heavily in Align’s favor as the issuance of the injunction would require Align the cease the sale of its sole product, the Invisalign System, while the denial of the injunction does not harm Ormco. Finally, any harm Ormco claims to have suffered would be sufficiently compensated by money damage. For these reasons, we strongly believe that Ormco’s motion for a permanent injunction should be denied and we will vigorously oppose the motion. In the unlikely event that the Court grants a permanent injunction, we would immediately appeal to the Federal Circuit Court of Appeals and seek to stay the injunction.

Ormco Patent Litigation Background Previously Disclosed:
Align has had ongoing patent litigation with Ormco, since 2003 when Ormco sued Align for patent infringement and Align won a sweeping summary judgment. Ormco appealed that decision and in August 2007 the Federal Circuit Court of Appeals ruled that 86 of Ormco’s 92 claims (related to 6,616,432, '243, '861 and '444 patents) were invalid and not infringed by Align. Ormco pursued the six remaining claims, which relate generally to a process of gathering and organizing tooth data, in the lawsuit against Align in the U.S. District Court for the Central District of California.

Friday, July 17, 2009

Our Patient Reviews: Richmond Hill Invisalign, Markham Braces, and Thornhill Orthodontics Experiences

At Markham Centre Orthodontics, Dr. Tam and his team of professionals understand that everyone expects straight teeth and a beautiful smile from their orthodontic treatment. We also know that there are various motivations and a lot of choice for seeking orthodontic care in Markham and Toronto. That is why the success of our work is measured not only by providing you with a beautiful smile, but with a wonderful experience along the way, that you can share with your friends, family, and colleagues.

We thank our patients for providing us with the following online reviews from our website. It is extremely gratifying for us to receive affirmation, from both adults and teens, that we are providing the wonderful care and environment that we strive for. We look forward to continuing to be your choice for Invisalign in Richmond Hill, braces in Pickering, and orthodontists in Markham. Contact us at 905-477-7750 to schedule your complimentary consultation!

Braces and Invisalign Reviews of Dr. Jason Tam and Markham Centre Orthodontics

I never thought I'd have straight teeth because I just will not wear braces and needed some serious movement. Doctor Tam plotted out, what seemed impossible, a treatment using Invisalign and he moved a tooth from behind my main row of teeth to the front. It's been a long road (2 years+) but my teeth are straight and awesome! And no braces! I can't overstate how impressive this Dr.Tam, his staff, and the facility are. If you need orthodontics and are in the Markham area do yourself a favour and at least check MCO out.
-Rajesh K.

I have been a patient of Markham Centre Orthodontics for nearly two years and just recently had my braces removed. Working with Dr. Tam and his team has been a pleasant and an enjoyable experience. Markham Centre Orthodontics offers a modern and contemporary style, as well as a well kept and clean environment. This clinic is very welcoming and is great for patients of all ages. I am very happy with my results, and would recommend this clinic to anyone in need of orthodontic treatment.
-Erin L.

I have been with MCO for almost a year, and I've been seeing great results. The customer service is amazing and Dr. Tam and his team make you feel right at home. I would recommend Dr. Tam to anybody who's looking for a perfect smile!
-Lyshelle B.

I had a great experience with Markham Centre Orthodontics. I wanted the invisalign treatment done as soon as possible and they made driving from far away worth it. The facility is modern and clean. The MCO staff addressed all my questions and concerns and helped make the procedure quick and easy. In less than a year my teeth are straight. I recommend getting the invisalign treatment here. Thank you MCO. -Cory O

I cannot say enough good things about Dr Tam and his staff. They are an excellent team and the facility is state of the art! If you need braces, MCO is the place to go! Being an adult, getting braces was one of those things that I wanted to get done for a very long time but was afraid of the process. After going for consultations at several other orthodontists with no success, my dentist recommended Dr Tam. I immediately felt comfortable with him. The initial consultation was very thorough with xrays, pictures and assessments done on the spot. When it came time to get my braces on, I was pleasantly surprised that Dr Tam had a more efficient way of getting the brackets on that took little time and wasn't as painful as I thought it would be. All procedures are explained to me and I was told what to expect every step of the way. I have had my braces for 15 months now and the progress has been amazing. I actually started seeing dramatic results at my second visit!
-Pauline T.

Friday, July 3, 2009

Pros and Cons of Invisalign- Richmond Hill Invisalign and Scarborough Invisalign Teen Premier Provider

As a Greater Toronto Invisalign Premier Provider office, we see patients interested in Invisalign from Richmond Hill, Scarborough, North York, and Unionville. Being in the top 5% of all Invisalign providers, our patients are willing to see us in Markham. We are often asked about the pros and cons of Invisalign braces vs traditional metal braces or clear ceramic braces. Here are some of the pros and cons of Invisalign in Thornhill, Markham, Pickering, Ajax, and Whitby. Should you wish to schedule your free Invisalign consultation, please call 905-477-7750 or visit for more information.


Removable- easier to maintain oral hygiene, can eat what you want, take out for sports and playing instruments

Virtually Invisible- more aesthetic than metal braces and clear braces so no one need to know you are undergoing orthodontic treatment

Comfortable- no wires or brackets against the inside of your mouth

3-D simulation- video gives patient an idea of the treatment goal prior to starting treatment and may be a motivating factor

Fewer Emergencies- no poking wires or broken brackets

FDA approved material- safe and no concern over metal allergies

Treatment of choice- for certain malocclusions, it may produce a better result in a shorter amount of time

Straight Teeth, No Braces- many patients wish to align their teeth, would never get fixed braces, but would use Invisalign


Require excellent cooperation- if they aren't worn as directed, the teeth won't move

Require removal for eating- take aligners out for anything but water, followed by brushing or flossing, before replacing aligners

Cost- generally more expensive than braces (not the case in our office due to Invisalign volume but will differ by provider)

Transient lisp- whether with brackets or aligners, there is an adjustment period and a slight lisp should be expected at the beginning

Changing treatment- treatment set once the ClinCheck is accepted. Direction of treatment changed by new impression and starting again

New aligner every 2 weeks- while this doesn't mean you see the orthodontist/dentist every 2 weeks, you will have new pressure on your teeth that often. Most patients experience some tooth discomfort for a day or two with each new aligner

The final word: Depending on your malocclusion, Invisalign can be an excellent method of straightening your teeth and providing you with a perfect bite. Keep in mind that Invisalign is an ever-evolving technique and requires the orthodontist/dentist to have a firm grasp of tooth movement using a removable appliance. Currently, the majority of certified Invisalign providers do not have a firm understanding of moving teeth with Invisalign, as there is a big difference between how teeth should and can be moved in terms of order and direction. Invisalign isn't applicable for all tooth movements, but an experienced provider will be able to address a wider variety of situations.

If you would like to schedule your complimentary consultation for braces or Invisalign, please call 905-477-7750.