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ANTITRUST—9th Cir.: Invisalign® manufacturer must face refusal to deal allegations

Published

6 October 2026

Topic

regulatory

◆ Sectors

Healthtech Infrastructure

◆ Geography

United States

◆ Source

Read at vitallaw.com →

◆ Verified

Fusion42 · 7 October 2026 · Fusion42 review

The Ninth Circuit reversed a district court's summary judgment and remanded the refusal-to-deal antitrust claim against Align Technology, the manufacturer of Invisalign, due to unsettled factual disputes about its termination of interoperability with 3Shape's TRIOS scanner in the US while patent litigation was pending.

This Wire brief sits within Fusion42's coverage of Healthtech Infrastructure, and 3 sources have reported it.

◆ ◆ The Wire takeaway

Antitrust law just tightened around refusal-to-deal cases in digital health scanners, and you supplying or interoperating with aligner tech need to prepare for more scrutiny and legal risks. Your agreements may be less stable if patents are near expiry or litigation looms.

◆ Coverage

3 sources · 6 Oct 2026

◆ Related on Wire

◆ Topics

Healthtech Infrastructureantitrustinteroppatent-litigationorthodonticssoftware-termination