Ormco added that it will continue to pursue its patent infringement lawsuit in federal court against Ortho Classic related to the design of Ortho Classic's H4 self-ligating bracket system, which was introduced in early 2013.
As part of the settlement terms, Ortho Classic must destroy Ormco confidential information in its possession and refrain from using such confidential information, and remove references to "Damon" from its marketing materials, according to Ormco.
Ortho Classic is claiming a victory of its own in the H4 bracket patent infringement legal battle. In March of 2013, Ormco filed counterclaims in the case alleging interference with contracts Ormco had entered with two orthodontists. Ormco sought to bar sales of the H4 bracket.
Two days before a federal court hearing scheduled to decide the merits of Ormco's preliminary injunction request, Ormco signed an agreement to give up and dismiss with prejudice all of its counterclaims against Ortho Classic concerning nondisclosure and noncompete contracts of the two orthodontists, according to Ortho Classic.