Settlement Reached in Invisalign Lawsuit

Court Approves Class Action Settlement On Behalf of Dentists and Orthodontists Worth More Than $44 Million

We are pleased to announce that on April 8, 2011, the Court granted final approval to a class action settlement agreement we negotiated with Align Technology. The settlement makes available to the class more than $44 million in injunctive relief, along with a nearly $7.8 million cash settlement fund.

Settlement Update

Settlement checks were mailed on June 2, 2011 to Group 1 doctors, and to Group 2 and Group 3 doctors who affirmatively elected the cash option by submitting the cash election form that was included with the settlement materials. Pursuant to the terms of the settlement, Class members in Groups 2 and 3 who did not elect the cash remedy, and class members in Group 4, as these Groups are defined in the materials provided to you by the Settlement Administrator, are eligible to become reinstated at no charge as Invisalign providers following completion of a free one-hour on-line course. The Settlement Administrator sent information regarding the free reinstatement process via email on May 19, 2011 to those Class members who registered their email addresses on the Settlement Website.

Details of the Settlement

A detailed Notice of Class Action Settlement was mailed in early January 2011 directly to all doctors affected by the settlement. The deadline to receive a cash option was March 4, 2011. Under the terms of the settlement, each doctor who did not elect the cash option will be reinstated, at no additional cost, as an approved Invisalign provider once they complete a free, online recertification training course. Any doctor who, prior to December 23, 2010, paid the $1,995 to retake Align's Clear Essentials I or Clear Principles training course after he or she was decertified will automatically be mailed a check for $2,000, less Court approved attorney's fees and costs. These "Group 1" doctors will maintain their active status as Invisalign providers.

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