A legal update… most likely more paperwork in store for the attorneys.

A recent decision made by the Federal Circuit Court of Appeals holds that the International Trade Commission did not follow their own internal procedures in the way it announced the ClearCorrect victory.

It was decided that the case would be returned to the ITC so that their findings can be decided in strict compliance with their own internal procedures.

In laymen's terms, Align still bears the burden of proving its case—that ClearCorrect is somehow Orthoclear reconstituted—and there is nothing in the court of appeals' decision contradicting the ITC staff's position that ClearCorrect is not Orthoclear.

Therefore, while the lawyers may need to file more papers to ensure that all of the ITC's internal procedures are followed, we're confident that the ITC's conclusion will remain the same.

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