The Focal Point has partnered with Tom Counts and his team from Paul Hastings on Align litigation for more than 16 years. For this case, concerning Align’s teeth-straightening technology, TFP was involved in multiple phases of the litigation over an eight-year period.

The Focal Point’s Role

The Align team relied on TFP’s full suite of services during this litigation. TFP produced two technology tutorials, claim construction slides for preliminary hearings, and a series of expert and trial demonstratives. In addition, TFP provided strategy services with Mental Mining® sessions and worked closely with expert witnesses to prepare their testimony. TFP also conducted jury research, and provided in-court technology services and war room support as the team prepared for trial.


A settlement was reached just days before the trial was set to kick off in Align’s infringement case in the Southern District of Texas. ClearCorrect agreed to pay $35 million and Align will receive additional compensation from a long-term distribution deal.



United States District Court
Texas Southern


The Focal Point’s Clients

Paul Hastings LLP

Thomas Counts
Elizabeth Brann

Smyser Kaplan & Veselka, LLP
Lee Kaplan
Karima Maloney