Align Technology filed a lawsuit May 7 alleging that an Oregon orthodontist is, for all intents and purposes, counterfeiting its Invisalign clear aligners, Willamette Week reported May 9.
The lawsuit alleges that Bill Dischinger, DMD, of Lake Oswego, Ore., falsely claims to offer Invisalign clear aligners to attract patients when he instead uses Ormco's Spark clear aligners.
Align Technology claims in its lawsuit that Dr. Dischinger is a paid promoter of Ormco's aligners. Dr. Dischinger's practice website lists his orthodontic treatments as "Invisalign Spark Clear Aligners," which Align says is false marketing because Dr. Dischinger has not offered Invisalign services in four years.
Align estimated that Dr. Dischinger has provided Spark clear aligners to 1,250 patients, which amounts to about $7 million in lost revenue. The company is also asking for $21 million in additional damages.
Dr. Dischinger told Willamette Week he currently has more than a dozen patients using Invisalign.
"We do use Invisalign," he told Willamette Week. "No false claims are being made."
Align Technology's Invisalign website does not list Dr. Dischinger as an Invisalign provider. However, he is listed as a provider on the Spark clear aligner website.
Becker's has contacted Dischinger Orthodontics for comment and will update this article if more information becomes available.