IN OCTOBER 2006 ORTHOCLEAR REACHED AN AGREEMENT WITH INVISALIGN IN WHICH IT AGREED TO STOP PRODUCTION OF TREATMENT ALIGNERS BY ITS COMPANY. ORTHOCLEAR PATIENTS WERE PERMITTED TO CHOOSE TO CONTINUE TREATMENT AT NO ADDITIONAL CHARGE WITH INVISALIGN.
September 20, 2005
Thank you for making OrthoClear the fastest growing company in Orthodontic history. Since we launched the OrthoClear System in May, we have trained over one thousand doctors and are now delivering over one thousand cases per month!
Our prescribing clinicians are consistently reporting their excitement over OrthoClear’s advanced clinical performance, optimized patient aesthetics, and improved oral hygiene.
As OrthoClear has prospered and grown, our principal competitor, Align Technology, has been unable to compete on the basis of product quality, performance, and cost. Instead, Align has taken to misstating the truth in an attempt to slow our advance. The purpose of this letter is to provide you with facts, so that you, our customer, understand what is really going on.
One damaging falsehood that Align is circulating is that OrthoClear is somehow violating its patents and that, as a result, OrthoClear can be “shut down.” OrthoClear is not violating Align’s patents.
Zia Chishti, OrthoClear’s CEO, was the founder and CEO of Align and the principle inventor listed on Align’s patents. Charlie Wen, OrthoClear’s President and Chief Technology Officer, was the longstanding Chief Technology Officer of Align. Nobody understands the scope of Align’s patents, which are publicly filed, better than Mr. Chishti or Mr. Wen.
In fact, of the first one
hundred employees of Align Technology, fewer than ten still remain. Align
has simply lost the talent that built the company, leaving no one with the
ability to move beyond yesterday’s technology. Lacking an ability to
effectively compete in the marketplace, Align has resorted to untruthful
rhetoric regarding patents. What you are hearing from Align is desperation,
What Align is not telling you is that the concept of clear aligner treatment is over sixty years old.
In fact, Align’s own website will tell you so, http://www.invisalign.com/generalapp/ us/en/faq/what.jsp:
In 1945, Dr. H.D. Kesling envisioned that one day modern technology would enable the use of a series of tooth positioners to produce the kinds of movements required for comprehensive orthodontic treatment.
What Align is also not telling you is that they have been suing Sybron Dental for over three years to try to stop them from selling the Red White and Blue System. Despite their press releases and public allusions to the contrary, nothing Align has achieved in court has slowed or stopped the sales of Red White and Blue, which continues to be freely available today.
January 29, 2006
OrthoClear is successfully denouncing Align Technology's patent infringement suits stating "Invisalign suit is nothing more than "puffery." I take that to be a euphemism for bullshit. :-) pardon my French. [The link to the report was reactivated with permission of OrthoClear responsibles.]