Align Technology, inventor of Invisalign®, has been notified of a purported class action complaint filed against it, OrthoClear, and OrthoClear Holdings. The complaint was filed on May 18 in the United States District Court for the Northern District of New York. Align Technology became aware of the filing on May 22, but has not been served with a copy of the complaint.

The complaint, which has been assigned case #CV-00535-NAM-GJD and captioned “Debra A. Weber, on behalf of herself and all others similarly situated, plaintiff, against Align Technology, OrthoClear, and OrthoClear Holdings, d/b/a OrthoClear,” alleges that orthodontic treatments of the plaintiff “were interrupted, unduly prolonged, or terminated as a result of the defendants’ unlawful conduct” relating to the OrthoClear settlement.

The complaint alleges two causes of action against OrthoClear and one cause of action against Align Technology for breach of contract. The cause of action against Align Technology references Align’s agreement to make the Invisalign treatment available to OrthoClear patients, alleging that Align failed “to provide the promised treatment to the plaintiff or any of the class members.”

Align Technology has reviewed the allegations contained in the complaint and believes they are without merit. Following the OrthoClear settlement, Align Technology launched the Patients First Program to provide new Invisalign treatment to former OrthoClear patients at no charge to patients or their doctors.

As of May 21, Align had shipped approximately 23,400 of the 24,700 cases submitted under the Patients First Program, including all Invisalign aligners for the plaintiff. The remaining in-process cases are expected to ship in the second quarter of 2007, as previously reported by the company.

Align Technology intends to vigorously defend itself against the complaint.

[PR Inside, May 23, 2007]