9th U.S. Circuit Court of Appeals
Oct. 6, 2026
9th Circuit revives Invisalign maker antitrust claims
An appellate panel reinstated claims that Align Technology illegally cut off interoperability with a rival scanner maker to protect its position in the aligner and scanner markets, drawing a concurrence warning that the ruling expands refusal-to-deal liability.
A 9th U.S. Circuit Court of Appeals panel on Monday revived antirust claims against Align Technology Inc., the maker of dental aligner Invisalign, over allegations that the company illegally refused to deal with a competitor.
The per curiam opinion does not decide if the plaintiffs should prevail but sent Section 2 Sherman Act claims back to a San Francisco district judge to have cases filed by dentists and consumers decided by him.
U.S. District Judge Vince Chhabria gra...
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