Align Technology, Invisalign Manufacturer, Monopoly Allegations Tossed, Class Action May Have Another Shot

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Align Technology Invisalign Monopoly Class Action Lawsuit Overview: 

• Who: A California federal judge dismissed, with leave to amend, a class action lawsuit lodged against Align Technology Inc, the makers of Invisalign. 
• Why: Plaintiff Misty Snow claims Align Technology has monopolized the invisible plastic teeth aligner market in order to overcharge for Invisalign.
• Where: The class action is pending in California federal court.

A federal judge in California tossed a proposed antitrust class action lawsuit lobbed against the maker of Invisalign, Align Technology Inc, over claims it monopolized the invisible plastic teeth aligner market, ruling the plaintiff failed to seek injunctive relief. 

US District Judge Vince Chhabria granted Align Technology’s motion to dismiss with a leave to amend, however, giving plaintiff Misty Snow an opportunity to rework the complaint to shore up its antitrust claims. 

Chhabria was reportedly confused about the relationship between federal Cartwright Act claims and individual state and consumer protection claims. 

“I guess one question I have is how to handle the litigation and proceed most efficiently,” Chhabria said during a Zoom hearing, reports Law360. “It’s a little complicated given the complicated nature of the lawsuit and the number of states asserted.” 

Align Technology Inflated Invisalign Prices, Claims Class Action

In May, Snow lodged a class action lawsuit against Align, arguing the company created a monopoly on the invisible plastic teeth aligner market and is now overcharging consumers for its Invisalign product, reports Law360.   

Snow claims in her class action lawsuit that Align controlled 80 percent of the plastic teeth aligner market for decades, thanks to its massive patent portfolio. 

Now that some of its patents have expired, however, Snow claims Align has set its sights on monopolizing the market for hand-held digital mouth scanners, used by dentists to take images of patients’ jaws, teeth, and bites to help form unique aligners. 

Snow further alleges that the hand-held digital mouth scanners sold by Align Technology do not work well with other aligner brands, helping ensure dentists use Align’s brand for their practice, reports Law360. 

A main point of contention for Chhabria is if there are any meaningful differences between California’s antitrust laws and laws set by other states, since the class action lawsuit is seeking to represent a subclass of consumers from 25 different indirect purchase states.

Snow’s attorney told Chhabria that some states don’t allow indirect buyers of a product to assert a private right of action claim against companies for antitrust violations, so they instead must assert consumer protection claims. 

Chhabria, however, felt the best way to resolve any confusion was to allow consumers to amend the complaint in order to better seek injunctive relief. 

“If you’re right that you can assert a Cartwright [Act] claim on behalf of this quasi-nationwide class, all of these other [choice of law] issues fall away,” Chhabria said, reports Law360. “Why not assert them and make the litigation a lot cleaner?” 

Snow’s counsel agreed with the judge, reports Law360, and will now have 21 days to submit an amended complaint. 

A similar class action lawsuit was filed against Align Technology in 2019 by consumers who allege the company created a monopoly in order to artificially increase prices and control the dental aligner industry. 

Do you believe Align Technology has created a monopoly in order to charge consumers more for Invisalign? Let us know in the comments! 

The plaintiff is represented by Steve W. Berman and Rio S. Pierce of Hagens Berman Sobol Shapiro LLP. 

The Invisalign Monopoly Class Action Lawsuit is Snow v. Align Technology Inc., Case No. 3:21-cv-03269, in the U.S. District Court for the Northern District of California.

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