-----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, MZvQKT/vOXQXuRWQVM26v0AkpN7GKxJxIZY6+asGDhd9oHIavxFrRQxTwXXLVS0s qfeYQcC+MX8obkober3ofg== 0001275287-06-004104.txt : 20060803 0001275287-06-004104.hdr.sgml : 20060803 20060803132933 ACCESSION NUMBER: 0001275287-06-004104 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20060728 ITEM INFORMATION: Other Events FILED AS OF DATE: 20060803 DATE AS OF CHANGE: 20060803 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: 061001175 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 at6687.htm 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) July 28, 2006

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):

o

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

 

o

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

 

o

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

 

o

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 January 11, 2006, Align Technology, Inc. (the “Company”) filed a formal complaint with the United States International Trade Commission (the “ITC”) against OrthoClear Inc. (“OrthoClear”), seeking to halt the importation into the United States of infringing aligners manufactured by OrthoClear in Pakistan in violation of its patents and other intellectual property rights (the “ITC Complaint”).  Pursuant to a scheduling order issued by the administrative law judge, the hearing on the ITC Complaint is currently set to take place from November 6-16, 2006 in Washington, D.C.  The scheduling order sets February 15, 2007 as the target date for the initial determination and May 15, 2007 as the target date for completion of the ITC investigation. 

          On Friday, July 28, 2006, the Company filed a motion entitled “Complainant’s Motion to Modify the Target Date and Revise the Procedural Schedule” requesting the hearing on the ITC Complaint be rescheduled for December 5-15, 2006 and proposing a new target date for the initial determination as March 30, 2007 and proposing July 30, 2007 as the target date for completion of the ITC investigation.  The Company’s reason for making this motion is to allow additional time for discovery in light of alleged discovery abuses by OrthoClear.  As of the date of this Report on Form 8-K, the administrative law judge has not ruled on the Company’s motion.



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 3, 2006

ALIGN TECHNOLOGY, INC.

 

 

 

 

 

 

 

By:

/s/ Roger E. George

 

 


 

 

Roger E. George

 

 

Vice President of Corporate and
Legal Affairs and General Counsel



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