Ortho Caps GmbH today filed a notice of opposition to Align Technology's (Nasdaq:ALGN) patent EP 2 263 599. With this filing, Ortho Caps has started the opposition procedure against the above patent in the European Patent Office (EPO). If successful, it could lead to the revocation of Align's patent in the designated member states of the European Patent Organisation.
"This patent describes a CAD/CAM process of fabricating dental models on which aligners are thermoformed. As an orthodontist, I can assure you that Align has essentially taken a previously known orthodontic laboratory procedure, together with a CAD/CAM technique that was already being used in dentistry, to fabricate orthodontic appliances (aligners), which have been used in orthodontics for over 50 years. Align patented this as their invention!", said Dr. Wajeeh Khan, who is an orthodontist, the managing director and founder of Ortho Caps. "Time has come to finally end this myth of Align's "invention". We have the evidence and the facts and we are highly confident that Align's patents will be successfully challenged and overturned."
Ortho Caps has also filed a 3rd party observation against Align Technology's pending patent application EP 2 295 004, which was about to be granted by the European Patent Office. This application relates to a CAD/CAM process for the production of a set of incremental aligners. This submission has led to an immediate suspension of the granting process. The application will now undergo further rounds of examination.
In response to a statement by Roger E. George, Align's vice president, Dr. Khan said, "I am not surprised that Align has avoided commenting on the fact that in 2009, after losing a lawsuit against Ormco, Align had to pay $13 million in cash and $77 million in shares of its common stock to Ormco to settle the case. In light of that, it is strange to claim the strength and validity of their patent portfolio."
Ortho Caps also plans to file oppositions against Align's patents EP 2 263 598 and EP 1 143 872, and invalidate Align's patents EP 1 369 091 and EP 989 828. Furthermore, Ortho Caps is monitoring and preparing suitable legal means against the grant of other patent applications assigned to Align Technology at the European Patent Office.
About Ortho Caps GmbH
Founded in January 2006 by an orthodontist, Dr. Wajeeh Khan, Ortho Caps is a German dental product company that makes and sells orthodontic aligners. Ortho Caps aligners are custom made from soft thermoplastics. In the fabrication of these aligners, no standard thermoplastic material is used. The variety of materials that are used are chosen according to the patient's treatment needs. This fully "customized" TwinAligner(R) system uses two different types of aligners for day and night use for each treatment step. The use of soft materials makes the orthodontic treatment more effective and less painful for patients. Ortho Caps products include orthocaps(R) "classic", orthocaps(R) "pro" and orthocaps(R) "MxD" systems.