ClearCorrect Inc, Houston, a manufacturer of FDA-cleared transparent orthodontic aligners, had filed a notice of voluntary dismissal regarding its declaratory judgment against Align Technology, Santa Clara, Calif, after Align stated to the court that it has no intention of suing ClearCorrect for patent infringement.
ClearCorrect’s original complaint alleged that certain patents owned by Align (makers of Invisalign) are invalid and that ClearCorrect’s clear braces products and processes do not infringe upon those patents. In its moving papers, Align has represented to the court that, "(Align) has never expressly or impliedly asserted any claim or engaged in any conduct that indicated that it believed (ClearCorrect) infringed any claim under any patent or that it would engage in any action as a result of such infringement."
In addition, Align has disavowed any statements of its employees that indicated that Align intended to sue ClearCorrect. Align has further stated that no employee has been authorized to make such statements.
"We’re happy to voluntarily dismiss our suit after receiving court-filed assurances that Align has no intention to sue us for patent infringement," said ClearCorrect CEO and practicing Houston dentist Willis Pumphrey, DDS. "We are now ready to focus on competing and aggressively marketing our product."