The jury also issued an advisory verdict that Ormco did not engage in prosecution laches or unclean hands, equitable defenses that the Court will rule on at a later date. The jury only determined liability, any monetary damages will be determined in a later trial. The verdict does not currently preclude Align Technology from selling its Invisalign System.
Align Technology believes the facts and the law do not support the jury’s findings of infringement and validity and will seek to overturn the verdict in post-trial motions with the District Court. If the District Court does not grant Align Technology’s motions, the company intends to vigorously challenge the verdict through an appeal to the Federal Circuit Court of Appeals.
