Simon and Simon, PC v. Align Technology, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SIMON AND SIMON, PC, et al., Case No. 20-cv-03754-VC

Plaintiffs, v. Re: Dkt. No. 360

ALIGN TECHNOLOGY, INC.,

Defendant.

MISTY SNOW, et al., Case No. 21-cv-03269-VC

Plaintiffs, v. Re: Dkt. No. 470

ALIGN TECHNOLOGY, INC.,

Defendant.

ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT

Although it’s a close case, Align’s motions for summary judgment are granted. This ruling assumes the reader is familiar with the facts, the record, and the arguments made by the parties. The evidence, viewed in the light most favorable to the plaintiffs, does not give rise to a viable refusal-to-deal claim based on termination of the interoperability agreement with 3Shape. The parties argue at length about the proper legal test to apply at summary judgment in a refusal-to-deal case. There is indeed confusion in the case law on this issue. But the plaintiffs do not appear to dispute that “a refusal to deal that is based in part on legitimate business reasons does not violate the antitrust laws, even if it is also motivated by the desire to harm competitors or does in fact…