What changed in this filing

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Item 3. Legal Proceedings

2022-03-31 compared with 2021-03-25 · 75 added, 53 removed, 9 unchanged (93% of the section changed)

1 unchanged sentence

time to time, we are involved in various claims and legal actions arising in the ordinary course of business.

June 5, 2020, we filed suit against Ortho-Tain, Inc.

in the United States District Court for the District of Colorado seeking

relief from certain false, threatening, and defamatory statements to our business affiliate, Benco Dental.

We believe such statements

have interfered with our business relationship and contract, causing us harm to our reputation, loss of goodwill, and unspecified

monetary damages.

On February 12, 2021, we amended our complaint to add claims for false advertising and unfair business practices,

as well as additional variants of the original claims to address Ortho-Tain’s false advertising campaign against us in the

fall of 2020.

We are in the process of pursuing discovery for the expanded claims.

Our complaint seeks permanent injunctive

relief to prevent the defendant’s continued illegal defamatory statements and interference with our business relationships.

We further seek declaratory relief to refute the defendant’s false allegations, as well as monetary damages to compensate

us for harm caused by the defendant.

Prior to filing suit, we worked collaboratively with legal counsel at Benco Dental to address

and reasonably resolve this matter.

April 13, 2021, the Washington State Department of Financial Institutions (“WSDFI”) sent a letter and subpoena requesting

that we produce certain documents and records.

WSDFI is investigating certain sales of our common stock by a previous employee and independent

contractor in Washington prior to our initial public offering.

This subject matter in general (including activities of such previous

employee and independent contractor) had been among the issues previously investigated by a joint committee of our board of directors

and internal and external legal counsel that commenced in February 2020 and, pursuant to the findings and recommendations of the joint

committee, led to the company implementing in April 2020 certain enhanced corporate governance policies (in the form of a formal written

policy on private stock sales requiring prior approval of our internal or external legal counsel and changes to certain organizational

We have cooperated with WSDFI regarding this investigation, but during and subsequent to the year ended December 31, 2021,

we have not been made aware of any developments with the investigation.

June 5, 2020, we filed suit against Ortho-Tain, Inc.(“Ortho-Tain”) in the United States District Court for the District of

Colorado seeking relief from certain false, threatening, and defamatory statements to our business affiliate, Benco Dental (“Benco”).

We believe such statements have interfered with our business relationship and contract, causing harm to our reputation, loss of goodwill,

and unspecified monetary damages.

On February 12, 2021, we amended our complaint to add claims for false advertising and unfair business

practices, as well as additional variants of the original claims to address Ortho-Tain’s alleged false advertising campaign against

us in the fall of 2020.

Our amended complaint seeks permanent injunctive relief to prevent what we believe are defamatory statements

and interference with our business relationships by Ortho-Tain.

We further seek declaratory relief to refute the defendant’s false

allegations, as well as monetary damages.

Prior to filing suit, we worked collaboratively with legal counsel at Benco to address and

resolve this matter.

Such efforts were unsuccessful.

On February 26, 2021, Ortho-Tain, Inc.

filed a Motion to Dismiss

the amended complaint we filed against it in the United States District Court for the District of Colorado.

While we are still

evaluating the Motion to Dismiss, we believe such arguments made by Ortho-Tain, Inc.

in the Motion to Dismiss lack merit.

filed a motion to dismiss the amended complaint.

We opposed the motion.

On September 3, 2021, the District Court denied the motion to dismiss on all grounds and lifted the stay of discovery.

On September 7, 2021, Ortho-Tain filed a notice of appeal of the District Court’s order to the United States Court of Appeals for

the Tenth Circuit.

On September 21, 2021, we filed a motion to dismiss the appeal for lack of jurisdiction.

On October 12, 2021, the

Court of Appeals referred the motion to dismiss the appeal to the merits panel for decision along with the merits.

The appeal is now

fully briefed and awaiting decision form the Tenth Circuit.

July 22, 2020 Ortho-Tain, Inc.

filed a Complaint in the United States District Court for the Northern District of Illinois naming

Vivos, along with our Chief Executive Officer, R.

filed a complaint in the United States District Court for the Northern District of Illinois naming our

company, along with our Chairman and Chief Executive Officer, R.

Kirk Huntsman, Benco Dental Supply Co., Dr.

Brian Kraft, Dr.

Ben Miraglia, and

The Ortho-Tain complaint addresses the same events as the suit we filed against Ortho-Tain, Inc.

as described above.

The Ortho-Tain complaint alleges violation of the Lanham Act and an alleged civil conspiracy among the defendants

to violate the Lanham Act by an alleged false designation of origin related to a presentation given by Dr.

Brian Kraft at an event

What changed 10-K

Item 3. Legal Proceedings