Ortho Caps GmbH, a German dental product company that makes and sells orthodontic aligners, plans to challenge Align Technology’s European patents. The legal action comes after Align filed a patent infringement lawsuit against Ortho Caps in December in the District Court of Dusseldorf.

According to an announcement from Ortho Caps, if the challenge is successful, Align Technology’s European patents EP2263599B1, EP2263598B1, and EP1143872B1 could be revoked by the European Patent Office in all 27 European countries. These patents are still within the period allocated for filing an opposition.

Ortho Caps also plans to file invalidity lawsuits against two other Align-owned European patents, EP1369091B1 and EP989828B1.

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