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ClearCorrect, Inc. Files Declaratory Judgment Against Align Technology, Inc. the Maker of Invisalign(R)
| Source: ClearCorrect, Inc.
HOUSTON, TX--(Marketwire - February 17, 2009) - ClearCorrect, Inc., a manufacturer of
FDA-cleared transparent orthodontic
aligners, commonly known as clear braces or invisible braces, today filed a
declaratory judgment against Align Technology, Inc., the manufacturer of
Invisalign®. The suit was filed in the United States District Court for
the Southern District of Texas, Houston Division.
By definition, a declaratory judgment is a court decision in a civil case
that tells the parties what their rights and responsibilities are, without
awarding damages or ordering them to do anything. Unlike most court cases,
where the plaintiff asks for damages or other court orders, the plaintiff
in a declaratory judgment case simply wants the court to resolve an
uncertainty so that it can avoid future litigation and associated costs.
Specifically, ClearCorrect has
filed a complaint that alleges that certain patents owned by Align
Technology (Invisalign) are invalid and that ClearCorrect's clear braces products and processes
do not infringe upon those patents.
According to ClearCorrect's attorney, Randy J. McClanahan of Houston-based
law firm McClanahan, Myers and Espey, LLP, "This suit was filed against
Align Technology not to prevent Align from conducting business, but to
ensure that ClearCorrect could compete openly and fairly in the market for
clear orthodontic aligners
without threat of litigation by Align."
"Fortunately for us, the Constitution provides protection in these 'David
vs. Goliath' situations," explained ClearCorrect CEO and practicing Houston
dentist, Dr. Willis Pumphrey. "We are merely trying to avoid protracted
litigation such as Align's suit against Ormco Corporation, which took six
years and untold legal costs to eventually prove the invalidity of several
of Align's patent claims. We are willing to voluntarily dismiss our suit if
Align provides assurance that it will not initiate similar litigation in
the future."
About ClearCorrect, Inc.
Headquartered in Houston, Texas, ClearCorrect was founded by dentists to
serve the dental and orthodontic industry by providing a superior and more
affordable clear aligner system. The highly-sophisticated ClearCorrect
treatment delivery system and corresponding aligner products are based on
years of research and clinical experience. Cutting-edge technological
advances and advanced treatment expertise, coupled with comprehensive
marketing and sales support, make ClearCorrect the premier clear aligner
solution of choice for informed dentists and patients. The company's
modern, needs-based approach for serving doctors and patients has earned it
a leadership position within the dental industry. For information about
ClearCorrect, the company and its products visit www.clearcorrect.com or
call 1-888-331-3323.
