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Align Technology, Inc.

San Francisco County Superior Court Grants Temporary Restraining Orders in Align Technology and OrthoClear Complaints

Santa Clara, California (ots/PRNewswire)

Align Technology, Inc.
(Nasdaq: ALGN), the inventor of Invisalign(R), a proprietary method
of straightening teeth without wires and brackets, today announced
that the San Francisco County Superior Court has granted a Temporary
Restraining Order ("TRO") against defendants OrthoClear, Inc.,
OrthoClear Holdings, Inc., and individual defendants and former Align
employees Muhammad Ziaullah Chishti, Bao Tran, Peter Riepenhausen,
Joe Breeland, Jeff Tunnell, Christopher Kawaja, and Charles Wen,
pursuant to a multi-claim lawsuit filed by Align earlier this month.
On February 18, 2005, the Court granted Align's request for and
issued a TRO prohibiting OrthoClear and the individual defendants
from "engaging, assisting, or participating, directly or indirectly,
in soliciting, inducing to leave, recruiting, or encouraging any
current Align employee or consultant to terminate or alter his or her
employment or business relationship with Align" or attempting to do
the same.
The Court also granted Align's request for and issued a TRO
prohibiting OrthoClear and the individual defendants from
"disclosing, using, lecturing upon or publishing any Proprietary
Information belonging to Align without the express prior written
permission of Align." For the purposes of the TRO, the Court defined
"Proprietary Information" as the materials covered by Paragraphs 1 or
1.2 of the Employee Proprietary Information and Inventions Agreements
with Align signed by each of the individual defendants. For example,
the materials covered by Paragraph 1.2 include, among other things,
Align's:
    (a) trade secrets, inventions, mask works, ideas, processes, formulas,
    source and object codes, data, programs, other works of authorship,
    know-how, improvements, discoveries, developments, designs and
    techniques ... (b) information regarding plans for research, development,
    new products, marketing and selling, business plans, budgets and
    unpublished financial statements, licenses, prices and costs, suppliers
    and customers; and (c) information regarding the skills and compensation
    of other employees of the Company.
In response to a cross-application for TRO filed by certain
defendants, the Court enjoined Mr. Chishti and the Align parties from
disparaging each other in such a manner as to violate their mutual
non-disparagement clause. The Court also enjoined Align and specific
officers from advising any Align employee or consultant that he or
she will be subject to criminal charges or a civil lawsuit if that
person elects to change his or her employment status with Align,
unless Align has good cause to believe criminal conduct has been or
will be committed or that a civil cause of action will lie against
the employee or consultant. The Court also required Align to refrain
from taking any actions inconsistent with Federal or State securities
laws relating to the issuance or redemption of Align stock.
On February 2, 2005, Align filed a multi-claim lawsuit in San
Francisco County Superior Court alleging tort, contract, statutory
and common law causes of action arising from OrthoClear and the
individual defendants' plan to unlawfully utilize Align's
intellectual property, confidential information and employees. The
lawsuit also alleges that OrthoClear, Mr. Chishti and other
defendants are in breach of contractual obligations, statutory law
and common law for attempting to intentionally interfere with and
disrupt Align's ongoing business operations and improperly gain
access to Align's customer relationships and trade secrets. On
February 15, 2005, OrthoClear, Inc. filed a mutli-claim lawsuit
against Align Technology and certain officers of the Company,
alleging conspiracy, multiple accounts of breach of contract, libel,
slander, unjust enrichment, intentional interferences with
prospective economic advantage, and unfair competition.
More information and a copy of the TRO are available by selecting
"Litigation Information" on Align's website at
http://www.aligntech.com/generalapp/us/en/corporate/investor_frameset.jsp
.
About Align Technology, Inc.
Align Technology designs, manufactures and markets Invisalign, a
proprietary method for treating malocclusion, or the misalignment of
teeth. Invisalign corrects malocclusion using a series of clear,
nearly invisible, removable appliances that gently move teeth to a
desired final position. Because it does not rely on the use of metal
or ceramic brackets and wires, Invisalign significantly reduces the
aesthetic and other limitations associated with braces. Invisalign is
appropriate for treating adults and older teens. Align Technology was
founded in March 1997 and received FDA clearance to market Invisalign
in 1998.
To learn more about Invisalign or to find a certified Invisalign
doctor in your area, please visit www.invisalign.com or call
+1-800-INVISIBLE.
     Investor Relations Contact         Press Contact
     Barbara Domingo                    Shannon Mangum Henderson
     Align Technology, Inc.             Ethos Communication, Inc.
     +1-408-470-1000                    +1-678-417-1767
      investorinfo@aligntech.com          shannon@ethoscommunication.com
Web site: http://www.invisalign.com

Contact:

investors, Barbara Domingo of Align Technology, Inc.,
+1-408-470-1000, or investorinfo@aligntech.com; or media, Shannon
Mangum Henderson of Ethos Communication, Inc., +1-678-417-1767, or
shannon@ethoscommunication.com, for Align Technology, Inc.

Plus de actualités: Align Technology, Inc.
Plus de actualités: Align Technology, Inc.
  • 03.02.2005 – 20:43

    Align Technology Files Lawsuit

    Santa Clara, California (ots/PRNewswire) - Align Technology, Inc. (Nasdaq: ALGN), the inventor of Invisalign(R), a proprietary method of straightening teeth without wires and brackets, today filed a multi-claim lawsuit in San Francisco County Superior Court against defendants OrthoClear, Inc., OrthoClear Holdings, Inc., Muhammad Ziaullah Chishti, Bao Tran, Peter Riepenhausen, Joe Breeland, Jeff Tunnell, Christopher Kawaja, and Charles Wen. Among other things, the lawsuit ...