ClearCorrect drops Invisalign suit

Apr 9, 2009

ClearCorrect, a manufacturer of transparent orthodontic aligners, on Friday dropped its lawsuit against Invisalign manufacturer Align Technology.

According to a ClearCorrect statement, it filed a notice of voluntary dismissal after Align stated to the court that it has no intention of suing ClearCorrect for patent infringement. But Align denied making any such promise.

ClearCorrect filed suit on February 17 in the U.S. District Court for the Southern District of Texas, Houston Division alleging that certain patents owned by Align are invalid and that ClearCorrect's clear braces products and processes do not infringe upon those patents.

ClearCorrect quoted Align as saying in court documents that it "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, ClearCorrect stated that Align has "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."

Asked to comment, Align provided the following statement: "ClearCorrect chose to dismiss its Complaint against Align. Align made no guarantees to ClearCorrect, and unequivocally reserved its right to proceed against ClearCorrect should it determine that ClearCorrect is violating Align's intellectual property rights."