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of Colorado seeking relief from certain false, threatening, and defamatory statements to our business affiliate, Benco Dental (“ Benco ”).
−Removed: We believe such statements have interfered with its business relationship and contract with Benco, causing harm to our reputation, loss
+Added: We believed such statements have interfered with our business relationship and contract with Benco, causing harm to our reputation, loss
of goodwill, and unspecified monetary damages.
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campaign against us in the fall of 2020.
−Removed: Our amended complaint seeks permanent injunctive relief to prevent what we believe are defamatory
+Added: Our amended complaint sought permanent injunctive relief to prevent what we believe are defamatory
statements and interference with our business relationships by Ortho-Tain.
−Removed: further seek declaratory relief to refute the defendant’s false allegations, as well as monetary damages.
−Removed: Prior to filing the suit,
−Removed: we worked collaboratively with legal counsel at Benco to address and resolve this matter.
−Removed: Such efforts were unsuccessful.
−Removed: 26, 2021, Ortho-Tain, Inc.
−Removed: filed a motion to dismiss the amended complaint.
−Removed: We opposed the motion.
−Removed: On June 21, 2022, the Tenth Circuit
−Removed: entered an order and judgment.
−Removed: Pursuant to such order, the appeal was terminated, and the case was remanded to the U.S.
−Removed: District Court
−Removed: for the District of Colorado for further proceedings.
−Removed: On July 13, 2022, the Clerk of Court for the Tenth Circuit transferred jurisdiction
−Removed: back to the District of Colorado.
−Removed: On February 14, 2024, the District Court of Colorado issued an order denying Ortho-Tain’s motion
−Removed: to dismiss after analyzing the issue of litigation privilege under the standard ordered by the Tenth Circuit.
−Removed: In response, Ortho-Tain
−Removed: filed a notice of appeal of the District Court of Colorado order on February 14, 2024.
−Removed: The appeal has been docketed in the Tenth Circuit,
−Removed: and the record has been completed.
−Removed: On March 5, 2024, we filed a motion to dismiss the appeal for lack of jurisdiction.
−Removed: Ortho-Tain filed
−Removed: its response to the motion to dismiss on March 19, 2024.
−Removed: Our reply in support of the motion to dismiss was filed on March 26, 2024.
−Removed: March 20, 2024, the Court ordered that our motion to dismiss for lack of jurisdiction would be referred to the panel of judges to be
−Removed: assigned to the appeal, and that no ruling on the motion to dismiss would be issued at that time.
−Removed: Ortho-Tain filed its opening brief
−Removed: on April 29, 2024.
−Removed: We filed an Answer Brief on May 29, 2024.
−Removed: Ortho-Tain filed its response brief on June 20, 2024.
−Removed: On October 31, 2024,
−Removed: the Tenth Circuit ordered additional briefing on two discrete issues and that briefing was filed on November 21, 2024.
−Removed: Oral Argument
−Removed: is scheduled for March 18, 2025.
July 22, 2020, Ortho-Tain, Inc.
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Mark Musso (the “Illinois Ortho-Tain Case”).
−Removed: The complaint in the Illinois Ortho-Tain Case addresses the same
−Removed: events as the suit we filed against Ortho-Tain in June 2020 as described above.
−Removed: The complaint in the Illinois Ortho-Tain Case alleges
−Removed: violation of the Lanham Act and an alleged civil conspiracy among the defendants to violate the Lanham Act by an alleged false designation
−Removed: of origin related to a presentation given by Dr.
+Added: The complaint in the Illinois Ortho-Tain Case addressed the same events
+Added: as the suit we filed against Ortho-Tain in June 2020 as described above.
+Added: The complaint in the Illinois Ortho-Tain Case alleged violation
+Added: of the Lanham Act and an alleged civil conspiracy among the defendants to violate the Lanham Act by an alleged false designation of origin
+Added: related to a presentation given by Dr.
Brian Kraft at an event sponsored by us and Benco Dental.
−Removed: also alleges that the actions of the defendants diverted sales from Ortho-Tain, deprived Ortho-Tain of advertising value and resulted
+Added: also alleged that the actions of the defendants diverted sales from Ortho-Tain, deprived Ortho-Tain of advertising value and resulted
in a loss of goodwill to Ortho-Tain.
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terms in October 2016.
−Removed: We continue to evaluate the allegations, although we believe they lack merit and believe Ortho-Tain will be unable
−Removed: to establish actionable damages.
September 9, 2020, we moved to dismiss the claims against it in the Illinois Ortho-Tain Case.
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which the parties completed.
−Removed: The parties provided a status report to the court on January 6, 2025 and February 24, 2025.
−Removed: Court set a deadline of May 16, 2025 to amend pleadings and July 30, 2025 to complete fact discovery.
+Added: The parties continued with discovery and have provided additional status reports to the District Court on
+Added: January 6, 2025, February 24, April 7, May 5, June 11, July 9, August 6, 2025, August 26, 2025, and September 16, 2025.
+Added: On October 23,
+Added: 2025, the parties attended a mediation in an effort to resolve their disputes and agreed upon principal terms of a confidential settlement.
+Added: March 13, 2026, we entered into a confidential joint settlement and release agreement (the “Settlement Agreement”) with Ortho-Tain.
+Added: Settlement Agreement resolved any claim for relief that was, or could have been alleged in the foregoing litigation matters.
+Added: to the Settlement Agreement, we will pay Ortho-Tain a confidential sum and, among other considerations, not make use of the phrase “Guide”
+Added: or “Guides” in the formal product name of any of our oral appliance products and cease direct solicitation and training of
+Added: independent dental professionals in the use of any Vivos pre-formed tooth positioner products that are competitive with Ortho-Tain.
Mine Safety Disclosures.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.