Align Technology has issued a response to a January 18 press release by Ortho Caps relating to a patent infringement lawsuit Align filed against Ortho Caps on December 21, 2011.
In the lawsuit, filed in the District Court of Düsseldorf in Germany, Align asserts that Ortho Caps infringes five Align patents with respect to the production and sale of Ortho Caps orthodontic aligners. In response, Ortho Caps is alleging that the patent claims Align has asserted against Ortho Caps are invalid.
"We are not surprised by the allegations in the Ortho Caps' press release," said Roger George, Align vice president of legal affairs and general counsel, in a press release. "When parties cannot defend against claims of patent infringement, they often resort to challenging the validity of the patents at issue. To date, Ortho Caps has not denied infringement of Align's patents."
Align has an extensive portfolio of 245 U.S. and 171 international patents with 273 patents pending worldwide. Numerous Align patents, which essentially correspond to the ones being asserted against Ortho Caps, have successfully withstood challenges in litigation and/or through the U.S. Patent Office's rigorous re-exam process, according to the company.