Last updated on April 21, 2014 at 1:20 EDT

Ortho Caps Files Opposition to Align Technology Patent

January 26, 2012

HAMM, Germany, January 26, 2012 /PRNewswire/ –

Ortho Caps GmbH today filed a notice of opposition to Align Technology’s 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

“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
loosing 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 privately
owned 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.

        Jocelyne Khan
        Ortho Caps GmbH
        An der Bewer 8
        59069 Hamm
        Tel. +49(0)2385-9219-0



SOURCE Ortho Caps GmbH

Source: PR Newswire