Align Technology, Inc. (Align Technology), a California-based medical device company engaged in the orthodontics market, has reported that in response to the motion to dismiss filed by Align Technology on March 26, 2009, ClearCorrect has dismissed, in its entirety, the declaratory judgment complaint it filed against Align Technology on February 17, 2009.
ClearCorrect filed the notice of dismissal on April 9, 2009, rather than oppose Align Technology’s motion, which would have been decided by the Court sometime after April 15, 2009. The notice of dismissal terminates the lawsuit.
Align Technology’s motion to dismiss forcefully contested ClearCorrect’s right to seek declaratory relief on the ground that the lawsuit was premature because of the absence of communication between Align Technology and ClearCorrect, the limited information available to Align Techonology regarding ClearCorrect’s process and products, and the failure of ClearCorrect to give any details to support its allegation that Align Technology’s patents were invalid. ClearCorrect chose to withdraw its allegations and dismiss its complaint instead of responding to these arguments.
Presently, Align Technology does not have enough information to determine whether ClearCorrect’s processes and products incorporate technology covered by any of Align Technology’s numerous patents or other intellectual property. Align Technology was and is not now in a place to make a determination regarding the propriety of ClearCorrect’s activities or Align Technology’s likely response should the company ultimately conclude that those activities infringe any of Align Technology’s intellectual property rights. Align Technology unequivocally reserved its right to proceed against ClearCorrect should it determine that ClearCorrect is violating Align Technology’s intellectual property rights.