SmileDirectClub to pay $63M for violating supply agreement

The Superior Court of California granted Align Technology's petition to confirm a $63 million award after SmileDirectClub violated the terms of a supply agreement. 

On Aug. 27, 2020, Align filed a proceeding against SmileDirectClub, alleging that SmileDirectClub breached the terms of a supply agreement from 2016, according to an Aug. 23 news release from Align.

SmileDirectClub filed a counterclaim Jan. 19, 2021, alleging that Align violated the terms of the agreement. 

On Oct. 27, 2022, an arbitrator found that SmileDirectClub violated the terms and issued Align an interim award of $63 million, the maximum amount under the agreement's liability cap. 

On Aug. 21, 2023, the Superior Court of California confirmed the award amount in favor of Align and denied SmileDirectClub's petition to vacate the award. 

SmileDirectClub can appeal the decision but would need to obtain a bond of 150 percent of the amount, which is more than $94 million, the release said. 

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