A Medical Device Daily

Align Technology (Santa Clara, California) said that in response to the motion to dismiss filed by Align on March 26, ClearCorrect (Houston) has dismissed, in its entirety, the declaratory judgment complaint it filed against Align on February 17, 2009 (Medical Device Daily, Feb. 19, 2009).

ClearCorrect filed the notice of dismissal on April 9, rather than oppose Align's motion, which would have been decided by the court sometime after April 15. The notice of dismissal terminates the lawsuit.

Align's motion to dismiss vigorously contested ClearCorrect's right to seek declaratory relief on the grounds that the lawsuit was premature because of the absence of communication between Align and ClearCorrect, the limited information available to Align regarding ClearCorrect's process and products, and the failure of ClearCorrect to provide any details to support its allegation that Align's patents were invalid. ClearCorrect chose to withdraw its allegations and dismiss its complaint instead of responding to these arguments.

Align does not currently have enough information to determine whether ClearCorrect's processes and products incorporate technology covered by any of Align's numerous patents or other intellectual property. Align was and is not now in a position to make a determination regarding the propriety of ClearCorrect's activities or Align's likely response should the company ultimately conclude that those activities infringe any of Align's intellectual property rights. Align unequivocally reserved its right to proceed against ClearCorrect should it determine that ClearCorrect is violating Align's intellectual property rights.

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