Align Technology, Inc. (Align Technology), a California-based medical device company engaged in the orthodontics market, said that a jury in the US District Court for the Central District of California has delivered a verdict against it in a lawsuit brought by Ormco Corporation (Ormco). Ormco, in its lawsuit, alleged that Align Technology infringed claims of Ormco's 6,616,444 patent. The jury found the Align Technology infringed on an Ormco’s patent. The jury also found the patent to be 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 Technology from selling its Invisalign System.
Align Technology 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 Technology’s motions, the company intends to vigorously challenge the verdict through an appeal to the Federal Circuit Court of Appeals.