In the lawsuit, 3Shape alleges that Align Technology is acting illegally to block competition for scanners for orthodontic treatment. 

A judge has denied Align Technology’s motion to dismiss the lawsuit filed by 3Shape for allegedly acting illegally to block competition for scanners for orthodontic treatment, including for clear aligners. The lawsuit was filed in the U.S. District Court for the District of Delaware on August 28, 2018. 

“3Shape believes that this ruling clearly shows that our claims against Align for monopoly abuse in the United States have merit. Align’s anticompetitive behavior needs to stop, and we are now even more confident that the court will agree with us in its final verdict,” said Jakob Just-Bomholt, CEO of 3Shape.

In the lawsuit, 3Shape accuses Align of illegally holding on to its monopoly by blocking the ability of their “strongest scanner competitor” from being used in the fitting of Invisalign, and thereby effectively blocking dentists from choosing any other scanner than Align’s iTero for clear aligner treatments. According to 3Shape, by forcing dentists to use Align’s iTero scanner with Invisalign, they are creating for all intents and purposes impenetrable closed markets that obstruct competition.

“3Shape believes in cooperation between dental solution providers, to give doctors and patients more treatment options so that they can make choices according to the specific case and budget. This is how we see the dental industry evolving for the benefit of doctors as well as their patients,” Just-Bomholt added.