The 9th U.S. Circuit Court of Appeals recently revived antitrust claims against Invisalign manufacturer Align Technology over its termination of a software interoperability agreement with 3Shape.
Align ended its agreement, which let 3Shape’s TRIOS scanner work with the Invisalign system, in December 2017 with a year remaining. The termination applied only to TRIOS scanners used in the U.S. Align argued it was protecting its patents amid litigation with 3Shape. Several class-action lawsuits were later filed by dentists and consumers, accusing Align Technology of monopolization.
The lawsuits were consolidated and granted class certification by the district court in 2023. Summary judgment was later granted to Align Technology on refusal-to-deal claims.
The appeals court reversed the summary judgment for the consolidated class actions based on factual disputes, according to court documents. The case has now been sent back to the lower court.
