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Align and Angelalign enter legal dispute

Align Technology, the US-based manufacturer of Invisalign, has filed lawsuits against its leading Chinese competitor, Angelalign Technology. (Image: gemaibarra/Adobe Stock)

SAN JOSE, Calif., US/SHANGHAI, China: Align Technology has filed patent infringement lawsuits against its leading Chinese competitor, Angelalign Technology. Filed in the US, Europe and China, the lawsuits allege violations of intellectual property related to aligner materials, treatment planning technology and product features. Angelalign has rejected the allegations as frivolous.

According to Align, the patents in question represent critical components of its portfolio of aligner therapy solutions and reflect long-term investments in research and development. The company is seeking both injunctive relief and monetary damages. 

Julie Coletti, executive vice president and chief legal and regulatory officer at Align Technology, commented in a press release: “We welcome fair and innovative competition, but we will protect our own innovations when companies choose to infringe our years of hard work and investment instead of legitimately performing research and development of their own.” Coletti added: “The patents we are asserting represent important components of our broad intellectual property portfolio and reflect key innovations in clear aligner therapy.” 

Angelalign has strongly rejected the allegations. In a statement, the Shanghai-based manufacturer categorically denied any wrongdoing and said that it would mount a vigorous defence. Rich Hirschland, the company’s chief commercial officer and senior vice president, emphasised the company’s own history of innovation and investment in patent compliance. He stated: “Accusations by our competitor of patent violations are frivolous and entirely without merit.” He added: “We are confident that we will prevail in this case.” 

Both companies are major participants in the rapidly growing global aligner market. Aligner case starts have experienced a dip in recent quarters, owing to reduced patient spending on elective procedures. However, continual developments in digital orthodontics are expected to boost worldwide momentum in the treatment category. The outcome of the dispute could have significant implications for competition and innovation in the segment, particularly in China, where a state bulk procurement policy for orthodontic products is known to be in development.

A short history of aligner litigation 

Align has been involved in several legal disputes since its founding in California in 1997. In 2006, the company sued OrthoClear, alleging patent and trade-secret infringements. The suit ended in a settlement, whereby OrthoClear agreed to cease global operations and transfer its intellectual property rights to Align for US$20 million (€16 million*). In 2011, Align filed a suit against ClearCorrect, alleging patent infringement. The case was eventually brough to a close in 2019, and ClearCorrect owner Straumann Group agreed to pay US$35 million to dismiss the litigation. In 2017, Align initiated court proceedings against 3Shape, alleging infringement of patents relating to intra-oral scanning and CAD technologies. 3Shape filed counterclaims against the Invisalign manufacturer, including anti-trust claims. In 2022, after mixed rulings, the parties settled the dispute outside of court under undisclosed terms.

In 2021, a consumer anti-trust class action lawsuit was levelled against Align in relation to its business agreements with the now defunct SmileDirectClub. SmileDirectClub was a leader in the direct-to-consumer aligner business until its sudden collapse in late 2023. Align agreed to settle the dispute despite denying any wrongdoing, but a settlement payment of US$27.5 million was rejected by the plaintiffs in February this year. A final settlement is yet to be finalised.

Editorial note:

* Calculated on the TradingView platform for 12October 2006. 

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