Invisalign Wins Right To Amend In Battle With Counsel

Law360, New York (November 30, 2009, 5:37 PM EST) -- A California appeals court has reversed a lower court ruling in a battle between orthodontic product maker Align Technology Inc. and a former in-house patent attorney that centers on the interpretation of California's compulsory cross-complaint statute.

In a decision issued Wednesday, the Sixth District Court of Appeal reversed a trial court ruling finding that Align's lawsuit against former in-house assistant counsel Bao Tran was barred by the state's cross-complaint statute.

The statute, the appeals court notes, is aimed at preventing “piecemeal litigation,” and blocks parties from...
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