The Complaint, assigned case # CV-00535-NAM-GJD and captioned "Debra A. Weber, on behalf of herself and all others similarly situated, Plaintiff, against Align Technology Inc., OrthoClear Inc., and OrthoClear Holdings, Inc., d/b/a OrthoClear, Inc.," alleges that orthodontic treatments of the plaintiff dental patients "were interrupted, unduly prolonged or terminated as a result of defendants' unlawful conduct" relating to the OrthoClear settlement.
The Complaint alleges two causes of action against the OrthoClear defendants 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 Invisalign treatment available to OrthoClear patients, alleging that Align failed "to provide the promised treatment to 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, 2007, Align had shipped approximately 23,400 of the 24,700 cases submitted under the Patients First Program, including all Invisalign aligners for the named Plaintiff. The remaining in-process cases are expected to ship in the second quarter of 2007, as previously reported by the Company.
