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ALGN > SEC Filings for ALGN > Form 8-K on 26-Jun-2009All Recent SEC Filings

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Form 8-K for ALIGN TECHNOLOGY INC


26-Jun-2009

Other Events, Financial Statements and Exhibits


ITEM 8.01 Other Events

On June 25, 2009, a jury delivered a verdict against Align Technology, Inc. (Align) in a lawsuit brought by Ormco Corporation (Ormco) in the U.S. District Court for the Central District of California (District Court). 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.

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 that the Court will rule on at a later date. The jury only determined liability; any monetary damages will be determined in a later trial. The verdict does not currently preclude Align from selling its Invisalign System.

Align believes the facts and the law do not support the jury's findings of infringement and validity and will seek to overturn the verdict in post-trial motions with the District Court. If the District Court does not grant Align's motions, Align intends to vigorously challenge the verdict through an appeal to the Federal Circuit Court of Appeals.

A copy of the press release is attached to this Form 8-K as Exhibit 99.1 and is incorporated herein by this reference.



ITEM 9.01 Financial Statements and Exhibits.

(d) Exhibits:

99.1 Press Release dated June 26, 2009, announcing the jury verdict.


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