Align Technology, maker of the clear aligner Invisalign, has won a patent lawsuit against Chinese rival Angelalign Technology. It marks Align's first decisive win in a patent war between the two companies that has now entered its third year and spans three continents.
China's Court Weighs In on Extraction-Case Technology
According to the US dental trade publication Orthodontic Products, the Jinan Intermediate People's Court in China's Shandong province issued a first-instance ruling on August 10 that Angelalign's "A7" and "A7 Speed" products, designed for malocclusion patients who require tooth extraction, infringed on Align's patents. The court found that the biomechanical simulation and digital orthodontic design software Angelalign uses to make these products infringed Align's patented extraction space-closure technology. It ordered a halt to manufacturing and sales within China and damages of 10 million RMB, roughly 1.9 billion won.
Align Technology President and CEO Joe Hogan said, "We respect the role of China's courts in protecting intellectual property rights and are encouraged by this decision." Angelalign said it plans to appeal to China's Supreme People's Court, countering that "the court's decision is limited to China. Even in China, there is no immediate impact on our customers."
Split Litigation Outcomes in the US and Europe
The legal battle between the two companies began in September last year, when Align simultaneously filed suits in US federal court, the US International Trade Commission (ITC), Europe's Unified Patent Court, and Chinese courts. Align asserted multiple patents, ranging from aligner materials to its ClinCheck treatment-planning software.
The outcomes have varied by region. In February this year, the Unified Patent Court's Düsseldorf division granted Align's injunction request over a software patent, ordering Angelalign to halt use across Europe. But the same court rejected Align's second injunction request, targeting the A7 solution, in May, citing insufficient evidence. In June, a court in Zhengzhou, China, also ruled against Align in two separately filed patent suits. In the United States, the ITC held an evidentiary hearing in July, with a final determination expected in November.
Impact on Korean Clinics and the ITC's Final Determination
Angelalign is already used in several Korean dental clinics as a less expensive clear aligner alternative to Invisalign. One orthodontic clinic in Incheon announced in April that it had newly adopted the product, and other clinics in Seoul and Ulsan also publish price lists that include extraction cases.
That said, this Chinese ruling is a first-instance decision limited to manufacturing and sales within China, and it isn't final, since Angelalign has said it will appeal. There is no immediate change coming for the product already available in Korea. Still, how the ITC's final determination, expected in November, plays out is likely to push the two companies' power struggle into its next phase.