It’s been a while since I’ve updated you on the legal proceedings between us and Align. Don’t let the lack of updates fool you—all is progressing well. In fact, I’m very happy to say I’ve got some great news to share with you.
First, a refresher: Align sued us in February, 2011, alleging we infringed several of their patents. We’ve said all along that we don’t infringe any of their valid intellectual property andcountersued them in May, 2011, asking the Court to declare the claims in their patents invalid.
Now, fast-forward a year. Just this past May, our legal team filed a motion with the US District Court to stay the case when Align filed overlapping complaints with the International Trade Commission (ITC), the agency responsible for regulating the trade of international goods. Despite Align’s objections, the Court recently ruled in our favor and granted the motion, effectively stopping the case indefinitely and virtually guaranteeing we can continue operating our US-based manufacturing facility without restriction for the foreseeable future.
Next up for our legal team is making our case to the ITC. Bolstered by this win in the US District Court, we’re as confident as ever that we’ll see similar success in the international arena. We'll, of course, keep you posted as that case proceeds.
Thank you so much for your continued support. I can't possibly express what a difference it's made.
If you have any questions at all, please feel free to ask. I’m happy to answer them.