Case Studies

Align Technology, Inc. v. ClearCorrect, Inc. et al.

By: G. Christopher Ritter & Jeremy Young & Jill Kustner & Jerry Williams! & Jeff Dahm

IMS Consulting & Expert Services has partnered with Tom Counts and his team from Paul Hastings on Align litigation for more than 16 years. For this case, concerning Align’s teeth-straightening technology, IMS was involved in multiple phases of the litigation over an eight-year period.

Our Role

The Align team relied on our full suite of services during this litigation. IMS Consulting & Expert Services produced two technology tutorials, claim construction slides for preliminary hearings, and a series of expert and trial demonstratives. In addition, we provided strategy services with Mental Mining® sessions and worked closely with expert witnesses to prepare their testimony. IMS also conducted jury research, and provided in-court technology services and war room support as the team prepared for trial.

Results

A settlement was reached just days before the trial was set to kick off in Align’s infringement case in the Southern District of Texas. ClearCorrect agreed to pay $35 million and Align will receive additional compensation from a long-term distribution deal.

“IMS Consulting & Expert Services brings insight and creativity to the process. They listen with an open mind and are always committed to working at the highest level. They bring an uncanny ability to quickly immerse themselves into a case and help develop the best trial themes…and graphics…There is simply no one better.”

Partner
Paul Hastings

“Their process forces you to focus as a lawyer…on the case. They have an innate common sense and ability to see the case through the eyes of a juror. I wouldn’t start a major trial without them.”

Partner
Paul Hastings

Work With Us

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