Dental News - ClearCorrect and Align Technology settle long-standing patent dispute

Dental Tribune International

Tue. 2. April 2019

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BASLE, Switzerland: ClearCorrect, a Straumann Group company, has agreed to pay US$35 million (€31 million) to settle its long-standing patent dispute with Align Technology out of court and to withdraw its assertion that certain Align patents in the US and Brazil are invalid. In return, Align has agreed to drop all pending infringement litigation against ClearCorrect.

“We are very pleased that ClearCorrect has finally been able to settle its dispute and can look forward to growing its international clear aligner business,” said Dr Andreas Meier, General Counsel of the Straumann Group.

As part of the settlement, both parties signed a non-binding letter of intent to explore the development and distribution of a version of Align’s iTero intra-oral scanner that would be fully integrated into the Straumann or Dental Wings DWOS workflow. Such a device would offer users access to the Straumann CARES digital workflow, Straumann’s coDiagnostiX software for guided implant surgery and the ClearCorrect platform. Additionally, the parties are considering exploring the possibility of offering existing iTero users access to Straumann’s prosthetic and surgical planning workflows.

“This agreement brings an end to a series of patent disputes and allows both Align and Straumann to avoid the expense, uncertainty and distraction of continued litigation,” said Roger George, Senior Vice President and Chief Legal and Regulatory Officer of Align Technology. “We can now turn our attention to the potential of an exciting new channel for iTero scanners and a digital integration partner in Straumann, recognised as a world leader in digital dentistry.”

If the companies fail to enter into the potential development and distribution agreement within 90 days of the effective date of the settlement (or as mutually extended by the parties), Straumann will pay Align an additional US$16 million (€14 million).

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