9th Circuit Revives Antitrust Suit Against Invisalign Maker
The Ninth Circuit revived an antitrust suit against Invisalign's maker, Align Technology.
Why it matters: This ruling highlights competition risks in tech-driven healthcare markets and sets a precedent for antitrust scrutiny around interoperability terminations.
- On Oct. 5, 2026, the Ninth Circuit reversed summary judgment favoring Align Technology, allowing the lawsuit to continue.
- Plaintiffs allege Align anticompetitively terminated its agreement with 3Shape's TRIOS scanner to monopolize the aligner and scanner markets.
- Align said termination was to bolster patent litigation against 3Shape, but the court found disputes over this claim.
- The case is remanded to district court for further proceedings on alleged Sherman Act violations.
On October 5, 2026, the Ninth Circuit Court of Appeals overturned a summary judgment that had been granted in favor of Align Technology, Inc., the manufacturer of Invisalign clear aligners, allowing ongoing antitrust lawsuits to proceed.
The lawsuits accuse Align of anticompetitive conduct by terminating its interoperability agreement with 3Shape's TRIOS intraoral scanner — a partnership in place since 2015. This termination, effective in 2017, allegedly aimed to monopolize both the clear aligner and scanner markets. During the period at issue, Align controlled approximately 90% of the U.S. clear-aligner market.
Align defended its decision by arguing the termination was intended to reinforce its position in ongoing patent litigation with 3Shape. However, the Ninth Circuit found sufficient evidence to suggest this explanation might be a pretext for anticompetitive purposes. Circuit Judge Eric D. Miller stated that a reasonable factfinder could conclude Align used patent litigation as an excuse to suppress competition from other clear aligners leveraging 3Shape's open system to rival Invisalign, especially after Align's patent protections weakened.
The court has remanded the case to the district court for further proceedings to assess potential violations of Section 2 of the Sherman Act raised by dental practices and consumers.
This decision underscores increased judicial scrutiny on technology-enabled exclusionary practices in healthcare, particularly regarding interoperability agreements that can shape competitive dynamics.
By the numbers:
- 90% — Align Technology's share of the U.S. clear-aligner market during the alleged misconduct period
- 2015–2017 — Duration of the interoperability agreement between Align's Invisalign and 3Shape's TRIOS scanner
- October 5, 2026 — Date of the Ninth Circuit's reversal of summary judgment
What's next: The case returns to the district court for further factual development and potential trial proceedings on antitrust claims against Align Technology.