-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, G3gllP4XHqhl0ITYgZKRbcr7D8xQqK+Syx5yeH4Mkv3foisKplOCWVxyd86ZQdMp hDr8iTaudWlBA8brG2gXtA== 0000891092-04-002525.txt : 20040517 0000891092-04-002525.hdr.sgml : 20040517 20040517081744 ACCESSION NUMBER: 0000891092-04-002525 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040513 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040517 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ALIGN TECHNOLOGY INC CENTRAL INDEX KEY: 0001097149 STANDARD INDUSTRIAL CLASSIFICATION: ORTHOPEDIC, PROSTHETIC & SURGICAL APPLIANCES & SUPPLIES [3842] IRS NUMBER: 943267295 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-32259 FILM NUMBER: 04809795 BUSINESS ADDRESS: STREET 1: 851 MARTIN AVENUE CITY: SANTA CLARA STATE: CA ZIP: 95050 BUSINESS PHONE: 4087381500 MAIL ADDRESS: STREET 1: 851 MARTIN AVENUE CITY: SANTA CLARA STATE: CA ZIP: 95050 8-K 1 e17941_8k.txt FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported) May 13, 2004 ALIGN TECHNOLOGY, INC. - -------------------------------------------------------------------------------- (Exact name of registrant as specified in its charter) Delaware 0-32259 94-3267295 - ---------------------------- ------------------------ ------------------- (State or other jurisdiction (Commission File Number) (I.R.S. Employer of incorporation) Identification No.) 881 Martin Avenue, Santa Clara, California 95050 - -------------------------------------------------------------------------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code (408) 470-1000 Not applicable - -------------------------------------------------------------------------------- (Former name or former address, if changed since last report) ITEM 5. OTHER EVENTS On May 17, 2004, Align Technology, Inc. ("Align") issued a press release announcing that on May 13, 2004, the United States District Court for the Central District, Southern Division, granted Align's motion for summary judgment of non-infringement of Ormco Corporation's ("Ormco") Patent Nos. 5,447,432, 5,683,243, 6,244,861 and 6,616,444 in the patent infringement case brought against Align by Ormco in January 2003. The press release is attached hereto as Exhibit 99.1 and is incorporated herein in its entirety by reference. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS (c) Exhibits. Exhibit No. Description - ----------- -------------------------------------------------------------- 99.1 Press Release, dated May 17, 2004, for Align Technology, Inc. announcing the granting of Align's motion for summary judgment of non-infringement of Ormco Corporation's Patent Nos. 5,447,432, 5,683,243, 6,244,861 and 6,616,444. -2- SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Dated: May 17, 2004 Align Technology, INC. By: /s/ Eldon M. Bullington ----------------------------- Eldon M. Bullington Vice President of Finance and Chief Financial Officer -3- INDEX TO EXHIBITS Exhibit No. Description - ----------- -------------------------------------------------------------- 99.1 Press Release, dated May 17, 2004, for Align Technology, Inc. announcing the granting of Align's motion for summary judgment of non-infringement of Ormco Corporation's Patent Nos. 5,447,432, 5,683,243, 6,244,861 and 6,616,444. EX-99.1 2 e17941ex99_1.txt PRESS RELEASE Exhibit 99.1 Align Technology Announces Favorable Ruling in Patent Infringement Suit With Ormco Corporation, a Division of Sybron Dental SANTA CLARA, Calif., May 17 /PRNewswire-FirstCall/ -- Align Technology, Inc. (Nasdaq: ALGN), the inventor of Invisalign(R), a proprietary method of straightening teeth without wires and brackets, announced today the favorable outcome of the patent litigation suit filed by Ormco Corporation, a division of Sybron Dental Specialties, Inc. (NYSE: SYD). The United States District Court for the Central District, Southern Division, granted Align's motion for summary judgment of non-infringement in the patent infringement case brought against Align by Ormco Corporation in January 2003. Accordingly, Align has been found not to infringe Ormco's Patent Nos. 5,447,432, 5,683,243, 6,244,861 and 6,616,444. Align is represented by intellectual property specialty firm, Townsend and Townsend and Crew LLP. "We are very pleased with the Court's ruling which vindicates our position that we do not infringe any of Ormco's patents. We will continue to vigorously assert our rights and defend our intellectual property," said Thomas M. Prescott, President and CEO of Align Technology, Inc. "With this favorable ruling, we can continue to focus on providing the best quality product to our customers and returning excellent shareholder value." 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. Forward-Looking Statements This news release contains forward-looking statements, including statements regarding Align's belief that the summary judgment will enable it to continue to focus on delivering quality product to its customers and returning excellent shareholder value and Align's intention to continue to defend its intellectual property. In addition, there is no assurance that the court's decision will not be overturned on appeal. Forward-looking statements contained in this news release relating to expectations about future events or results are based upon information available to Align as of the date hereof. Readers are cautioned that these forward-looking statements are only predictions and are subject to risks, uncertainties and assumptions that are difficult to predict. As a result, actual results may differ materially and adversely from those expressed in any forward-looking statement. Factors that might cause such a difference include, but are not limited to, risks relating to Align's ability to protect its intellectual property rights and potential intellectual property or product liability claims or litigation. These and other risks are detailed from time to time in Align's periodic reports filed with the Securities and Exchange Commission, including, but not limited to, its Annual Report on Form 10-K for the fiscal year ended December 31, 2003, which was filed with the Securities and Exchange Commission on March 9, 2004, and its Quarterly Reports on Form 10-Q. Align undertakes no obligation to revise or update publicly any forward-looking statements for any reason. Investor Relations Contact: Press Contact: Barbara Domingo Shannon Henderson Align Technology, Inc. Ethos Communications, Inc. 408-470-1204 678-417-1767 bdomingo@aligntech.com shannon@ethoscommunication.com SOURCE Align Technology, Inc. -0- 05/17/2004 /CONTACT: investors, Barbara Domingo of Align Technology, Inc., +1-408-470-1204, or bdomingo@aligntech.com; or press, Shannon Henderson of Ethos Communications, Inc., +1-678-417-1767, or shannon@ethoscommunication.com, for Align Technology, Inc./ /Web site: http://www.invisalign.com / (ALGN) CO: Align Technology, Inc.; Ormco Corporation; Sybron Dental ST: California IN: CPR HEA MTC STW SU: LAW -----END PRIVACY-ENHANCED MESSAGE-----