Ninth Circuit Looks Open to Sending Invisalign Antitrust Suit to Trial

SAN FRANCISCO, April 18, 2025 /PRNewswire/ -- The Ninth Circuit Court of Appeals appears to be open to reversing Align's summary judgment against two class action cases accusing the company of monopolizing the clear braces and teeth scanners markets after a convincing oral argument by Berger Montague's Joshua P. Davis.

"We were gratified that the judges listened intently to our arguments for reversal," said Berger Shareholder Joshua P. Davis, who manages the firm's San Francisco Bay Area Office and is co-chair with Paul Bland of the Appeals and Complex Briefing team. "The panel asked informed and insightful questions of both sides, and we eagerly anticipate the ruling which will hopefully allow us to vindicate the rights of the certified class of thousands of dentists that we represent," said Mr. Davis.

The plaintiffs allege that Align, which makes clear braces, monopolized the market by colluding with 3Shape, a maker of alternative scanning technology used to facilitate dentists' fashioning of dental aligners. There are two certified classes, one of direct dentist purchasers and one of consumers who indirectly bought the clear braces.

Mr. Davis, along with Rio Pierce of Hagens Berman Sobol Shapiro LLP, argued on appeal that the trial judge erred in not sending the dispute to trial. The Department of Justice also presented argument at the hearing on behalf of the United States, urging the panel to impose a different legal standard than the district court invoked.

Read more about the case at www.bergermontague.com/align.

Berger Montague is one of the nation's preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. The firm is active in the fields of antitrust, commercial litigation, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For more than 50 years, Berger Montague has played lead roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, Washington, D.C., and Wilmington, DE.

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SOURCE Berger Montague