Ortho Caps said if successful, it could lead to the revocation of Align´s patent in the designated member states of the EPO.

Ortho Caps orthodontist, MD and founder Wajeeh Khan said that Align has essentially taken a previously known orthodontic laboratory procedure, together with a CAD/CAM technique that was already being used in dentistry, to fabricate orthodontic appliances (aligners).

"We have the evidence and the facts and we are highly confident that Align´s patents will be successfully challenged and overturned," Khan said.

Ortho Caps has also registered a 3rd party observation against Align Technology, pending patent application EP 2 295 004, which used Ortho Caps’ CAD/CAM process for the production of a set of incremental aligners.

Ortho Caps also plans to file oppositions against Align´s patents EP 2 263 598 and EP 1 143 872, and invalidate Align’s patents EP 1 369 091 and EP 989 828.