The 9th U.S. Circuit Court of Appeals has expressed an openness to reversing Align Technology’s summary judgement against two class-action lawsuits, according to an April 18 news release from law firm Berger Montague.
Here are five things to know:
- The two class-action cases accuse Align of monopolizing the markets for clear braces and teeth scanners.
- Plaintiffs in the suits claim that Align colluded with 3Shape, a developer of an alternative scanning technology, to monopolize the market.
- There are two certified classes, one of direct dentist purchasers and the second of consumers who indirectly bought the clear aligners and braces.
- Lawyers argued that the cases should not have been granted summary judgment and should have instead gone to trial.
- The Department of Justice also presented an argument, urging the 9th Circuit to impose a different legal standard than the one that was invoked by the district court.
