SAN JOSE, Calif., Dec. 6, 2010 (GLOBE NEWSWIRE) -- Align Technology, Inc. (Nasdaq:ALGN) today provided an update on the settlement of the class action lawsuit brought by Dr. Christopher J. Leiszler against the Company concerning its proficiency requirements. As announced previously on October 21, 2010, Align entered into a Memorandum of Understanding ("MOU") to resolve this lawsuit filed earlier this year in the United States District Court for the Northern District of California. On December 3, the plaintiffs' counsel filed an unopposed motion seeking preliminary approval of the settlement. A hearing has been scheduled on this matter for December 17 regarding the request for preliminary approval.
Under the terms of the settlement and as described in the Settlement Agreement, if the settlement receives Court approval, all class members can obtain reinstatement to prescribe Invisalign® treatment following completion of a free 3-hour on-line course. Certain class members will have the option to elect a cash remedy instead of the Reinstatement Benefit.
Doctors who had their Invisalign accounts deactivated or suspended as a result of the proficiency requirements program are included in the settlement class. If the Court grants preliminary approval of the settlement at the hearing on December 17, all class members will be notified of their options via postal mail within approximately two weeks of the Court's decision. Doctors who have questions regarding their class status or rights in this matter should visit www.stuevesiegel.com/CM/CurrentCases/Invisalign.asp or call toll free 1-888-816-1761.In May 2010, Christopher J. Leiszler, a general practice dentist, filed a Complaint against the Company alleging that Align implemented unfair requirements for the prescription of Invisalign through the Company's annual proficiency requirements. Dr. Leiszler's Invisalign provider status was changed in January 2010 for failing to meet the Company's proficiency requirements. Dr. Leiszler sued Align on behalf of himself and all others similarly situated, seeking a refund of the price paid to Align for Invisalign training.