Invisalign Investors Fight Bid To Ax Suit Over Expiring Patents

Law360 (August 14, 2019, 2:55 PM EDT) -- Align Technology Inc. investors fought to keep their proposed class action alive Tuesday, arguing they provided specific evidence showing the company, which is the maker of Invisalign teeth straighteners, knowingly misled them about increasing competition ahead of its patents expiring.

Lead plaintiff SEB Investment Management AB opposed Align's dismissal bid, contending legal precedent says the merits of Align's "truth-on-the-market" defense — in which the truth about alleged misstatements are purportedly already public knowledge — need to be decided at trial.

"Defendants do not contest that the alleged misrepresented facts were material or that their disclosure ultimately caused damages to the class,"...

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