Shares of

Align Technology

(ALGN) - Get Report

were among the top movers on

Nasdaq

Thursday, vaulting 48% after the company said it signed a preliminary litigation settlement that would remove a competitor's product from the market.

Align, a maker of a teeth-straightening system called Invisalign, said competitor OrthoClear has agreed to stop importing a competing aligner into the U.S. OrthoClear also will discontinue all aligner business operations worldwide, subject to shareholder approval. Also as part of the agreement, Align will make a one-time cash payment of $10 million to OrthoClear. Align shares were adding $3.75 to $11.55, on volume of more than 14 million shares. Average daily volume is 388,305 shares.

Shares of

Texas Industries

(TXI)

gained 3% after the construction-materials company posted first-quarter earnings that topped forecasts. For the three months ended Aug. 31, the company earned $29.4 million, or $1.12 a share, on revenue of $271.2 million. Analysts expected earnings of $1.07 a share. During the year-earlier quarter, the company reported a loss of $51.3 million, or $2.25 a share, on revenue of $241.9 million. "Margins improved significantly compared to a year ago primarily as a result of increased product prices," Texas Industries said. Shares were trading up $1.66 to $52.18.

ITT

(ITT) - Get Report

rose modestly after the diversified manufacturer said that third-quarter earnings will come in at the high end of its guidance. The company's earlier forecast called for earnings of 74 cents to 76 cents a share. Analysts project earnings of 76 cents a share. For the full year, ITT anticipates earnings of $2.95 to $3 a share, compared with Wall Street's forecast of $3 a share. Shares were trading up 21 cents to $51.15.

Shares of

American Greetings

(AM) - Get Report

dropped 8% after the greeting-card maker posted weaker-than-expected second-quarter results. For the period ended Aug. 25, the company reported a loss of $10.5 million, or 18 cents a share, on revenue of $360.1 million. Analysts polled by Thomson First Call expected a loss of 16 cents a share and revenue of $360.2 million. During the year-earlier period, the company earned $3.2 million, or 5 cents a share, on revenue of $385 million. American Greetings posted a loss from continuing operations of $13.2 million, or 23 cents a share. A year earlier, the company recorded earnings from continuing operations of $3.8 million, or 6 cents a share.

For the full year, American Greetings continues to forecast earnings of 80 cents to $1 a share. Analysts project earnings of 87 cents a share. Shares recently were down $1.96 to $23.08.

Family Dollar

(FDO)

shares fell 3% after the discount retailer posted better-than-expected fourth-quarter results but cut its September same-store sales forecast. In the period ended Aug. 26, the company earned $38.8 million, or 26 cents a share, up from $29.2 million, or 18 cents a share, a year earlier. Sales rose to $1.58 billion from $1.43 billion, while same-store sales increased 4.9%. Analysts expected earnings of 23 cents a share on sales of $1.57 billion.

Family Dollar now projects September same-store sales growth of about 2%, below its previous guidance of 3% to 5%. "Stores that were impacted by hurricanes last year are below the company average, while stores in unaffected areas are performing as planned," the company said.

For the first quarter, Family Dollar predicts earnings of 34 cents to 38 cents a share on same-store sales growth of 2% to 4%. Wall Street expects earnings of 37 cents a share. For the full year, the company sees earnings of $1.57 to $1.69 a share on same-store sales growth of 2% to 4%. Analysts project earnings of $1.61 a share. Shares were down 97 cents to $27.98.

Shares of

PolyOne

(POL) - Get Report

tumbled 8% after the plastics maker said it would post a 2% sequential decline in third-quarter sales and shipments. The company said that demand softened through the third quarter, especially in its automotive and vinyl-based building-product applications. Shares were trading down 71 cents to $8.13.

NYSE

volume leaders included

Time Warner

(TWX)

, down 34 cents to $18.25;

Ford

(F) - Get Report

, up 18 cents to $8.18;

General Motors

(GM) - Get Report

, up 63 cents to $32.91;

Advanced Micro Devices

(AMD) - Get Report

, down 43 cents to $24.89;

Infineon

( IFX), down 56 cents to $11.66;

General Electric

(GE) - Get Report

, up 6 cents to $35.40;

AT&T

(T) - Get Report

, down 15 cents to $32.42;

Halliburton

(HAL) - Get Report

, up 20 cents to $29.08; and

Sprint Nextel

(S) - Get Report

, down 12 cents to $16.70.

Nasdaq volume leaders included

Intel

(INTC) - Get Report

, up 37 cents to $20.76;

Align Technology

(ALGN) - Get Report

, up $4.20 to $12;

Sun Microsystems

(SUNW) - Get Report

, down 4 cents to $4.96;

Microsoft

(MSFT) - Get Report

, up 6 cents to $27.50;

Level 3 Communications

(LVLT)

, unchanged at $5.26;

Cisco Systems

(CSCO) - Get Report

, down 9 cents to $23.26; and

Apple Computer

(AAPL) - Get Report

, up 79 cents to $77.20.