IMS | 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, IMS | The Focal Point was involved in multiple phases of the litigation over an eight-year period.

The Focal Point’s Role

The Align team relied on our full suite of services during this litigation. IMS | The Focal Point produced two technology tutorials, claim construction slides for preliminary hearings, and a series of expert and trial demonstratives. In addition, we provided strategy services with Mental Mining® sessions and worked closely with expert witnesses to prepare their testimony. IMS | The Focal Point 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


IMS | The Focal Point’s Clients

Paul Hastings LLP

Thomas Counts
Elizabeth Brann

Smyser Kaplan & Veselka, LLP
Lee Kaplan
Karima Maloney