Simon & Simon v. Align

Berger Montague, a leading national plaintiff law firm, secured a significant appellate victory on October 5, 2026, when the U.S. Court of Appeals for the Ninth Circuit reversed summary judgment in favor of Align Technology, Inc., the maker of Invisalign clear aligners. Read more here.

Berger Montague is Counsel representing Plaintiff-Appellant Simon & Simon in a civil appeal of an adverse judgment. Berger Montague is engaged in briefing in the U.S. Court of Appeals for the Ninth Circuit, challenging a summary judgment antitrust ruling in a refusal-to-deal case.

The U.S. Department of Justice and American Antitrust Institute filed supportive amicus briefs.

Learn more about this case:

• 9th Circ. Revives Antitrust Suits Against Invisalign, Law360 (October 5, 2026)
• 9th Circ. Open To Sending Invisalign Antitrust Suit To Trial, Law360 (April 10, 2025).
• View the oral argument in the United States Court of Appeals for the Ninth Circuit here.
  

Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. The firm is active in the fields of antitrust, commercial litigation, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For more than 50 years, Berger Montague has played lead roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, Washington, D.C., and Wilmington, DE.