On October 5, 2026, the US Court of Appeals for the Ninth Circuit reinstated two antitrust class actions against Align Technology, the maker of Invisalign. It reversed the summary judgment that had ended both cases and sent them back to the district court.
The cases, Snow v. Align Technology, brought by consumers, and Simon and Simon v. Align Technology, brought by dental practices, allege that Align monopolized the market for clear aligners, including by ending the interoperability of its aligners with 3Shape’s rival intraoral scanner.
Fideres supported Dr. William Vogt, the economic expert for the consumer class. In finding that the plaintiffs had established a prima facie case, the Court relied on the plaintiffs’ economic evidence: “The report by Plaintiffs’ economic expert established that Align’s agreement with 3Shape was profitable for Align.”
The plaintiffs are represented by Berger Montague PC, Hagens Berman Sobol Shapiro LLP, and Radice Law Firm PC.