In a victory for the free market and clear aligner companies around the world, Ortho Caps GmbH, manufacturer of Orthocaps® aligners, successfully invalidated two of Align Technology's patents.
In December 2011, Align filed a patent infringement lawsuit against Ortho Caps, asserting that Ortho Caps infringed five Align patents.
In response, Ortho Caps filed two invalidity lawsuits against two of the patents in dispute before the Federal Patent Court in Germany, one of which is the European equivalent of the '325 patent ClearCorrect is currently contesting. Ortho Caps also filed oppositions before the European Patent Office for the remaining three patents at issue, in which determinations are pending.
It was recently announced that the German Federal Patent Court nullified the German part of both patents at issue. In a last ditch effort to save parts of the overly broad patents, Align filed auxiliary claims during the hearing. However, the court invalidated both of the patents in their entirety.
To read more about the findings, check out Ortho Caps' press release here.