-----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, OSkgDPGjJO89gLFFtinH1T0/Fl1cWLq76942ZUPjeElo7AJ1+AB82gjDgZ7phguq Ok2eYL5K0BkcpEfzw1Fdmw== 0000891092-04-004250.txt : 20040826 0000891092-04-004250.hdr.sgml : 20040826 20040826082541 ACCESSION NUMBER: 0000891092-04-004250 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040819 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20040826 DATE AS OF CHANGE: 20040826 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: 04997496 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 e18953_8k.txt FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 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) August 19, 2004 ALIGN TECHNOLOGY, INC. - -------------------------------------------------------------------------------- (Exact Name of Registrant as Specified in Its Charter) Delaware - -------------------------------------------------------------------------------- (State or Other Jurisdiction of Incorporation) 0-32259 94-3267295 - -------------------------------------------------------------------------------- (Commission File Number) (IRS Employer Identification No.) 881 Martin Avenue, Santa Clara, California 95050 - -------------------------------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) (408) 470-1000 - -------------------------------------------------------------------------------- (Registrant's Telephone Number, Including Area Code) Not applicable - -------------------------------------------------------------------------------- (Former Name or Former Address, if Changed Since Last Report) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below): |_| Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |_| Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |_| Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) ITEM 8.01. OTHER EVENTS On August 26, 2004, Align Technology, Inc. ("Align") issued a press release announcing that the United States District Court for the Central District, Southern Division granted Align's motion for summary judgment of invalidity of Ormco Corporation's (a division of Sybron Dental Specialties, Inc.) Patent Nos. 5,447,432, 5,683,243, 6,244,861 and 6,616,444. The Court ruled earlier this year that Align does not infringe these patents. The full text of the press release is attached hereto as Exhibit 99.1. ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS (c) Exhibits. Exhibit No. Description - ----------- --------------------------------------------------------------- 99.1 Press Release, dated August 26, 2004 for Align Technology, Inc. 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: August 26, 2004 Align Technology, INC. By: /s/ Eldon M. Bullington ----------------------------- Eldon M. Bullington Vice President of Finance and Chief Financial Officer INDEX TO EXHIBITS Exhibit No. Description - ---------- --------------------------------------------------------------- 99.1 Press Release, dated August 26, 2004 for Align Technology, Inc. EX-99.1 2 e18953ex991.txt PRESS RELEASE Exhibit 99.1 U.S. District Court Finds Ormco Corporation's (a Division of Sybron Dental) Patents Invalid SANTA CLARA, Calif., Aug. 26 /PRNewswire-FirstCall/ -- Align Technology, Inc. (Nasdaq: ALGN), the inventor of the Invisalign(R) system, a proprietary method of straightening teeth without wires and brackets, announced today that the U.S. District Court has granted summary judgment in favor of Align Technology, Inc. Ormco Corporation (a division of Sybron Dental Specialties, Inc., NYSE: SYD) sued Align in 2003 alleging infringement of four patents (Patent Nos. 5,447,432, 5,683,243, 6,244,861 and 6,616,444). The United States District Court for the Central District, Southern Division, granted Align's motion for summary judgment of invalidity of Ormco's patents (the Court ruled earlier this year that Align does not infringe these patents). As Ormco's patents were found invalid by the Court, this provides Align additional freedom to operate in the field of digital dentistry. The Court also denied Ormco's summary judgment motion seeking a finding of invalidity of Align's patents (Patent Nos. 6,398,548 and 6,554,611). Align is represented by intellectual property specialty firm, Townsend and Townsend and Crew LLP. "This third summary judgment against Ormco is a testament to the lack of any basis for Ormco's suit against us," said Thomas M. Prescott, President and CEO of Align Technology, Inc. "We believe the successful defense of our intellectual property, along with the more than fifty patents issued and numerous patent applications pending will enable long-term value creation for our shareholders. Align will continue to invest in the technology and processes that make Invisalign an important part of our customers' practices and the most attractive way for consumers to gain a better smile." 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, 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 assist Align in creating long-term value for its shareholders as well as Align's belief that it will continue to invest in the technology and processes that make Invisalign an important part of its customers' practices. 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. 408-470-1000 678-417-1767 investorinfo@aligntech.com shannon@ethoscommunication.com SOURCE Align Technology, Inc. -0- 08/26/2004 /CONTACT: investors, Barbara Domingo of Align Technology, Inc., +1-408-470-1000, or investorinfo@aligntech.com; or media, 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 SYD) CO: Align Technology, Inc.; Ormco Corporation; Sybron Dental ST: California IN: HEA MTC SU: LAW -----END PRIVACY-ENHANCED MESSAGE-----