Propel Orthodontics Files Antitrust Suit Against OrthoAccel Technologies to Encourage Competition in the Orthodontic Device Industry

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Propel Orthodontics, LLC files antitrust lawsuit seeking to bring fair competition to the orthodontic device industry.

(New York, NY) On the heels of a campaign by OrthoAccel Technologies, LLC that served orthodontists with legal papers, Propel Orthodontics, LLC has filed an antitrust lawsuit seeking to bring fair competition to the orthodontic device industry (Eastern District of Texas case 4:16-cv-00350). The suit alleges that OrthoAccel is attempting to maintain a monopoly, which impacts approximately 45,000 orthodontists and general dentists providing orthodontic services in the United States alone.

According to the Court document allegations, the suit comes after OrthoAccel engaged in anti-competitive conduct geared at stifling competition, such as serving orthodontists with subpoenas and “cease and desist” letters (for selling or promoting Propel products). The suit also alleges that OrthoAccel seeks to foreclose competition by launching an exclusionary contracting campaign where OrthoAccel agrees to provide discounts to orthodontists and dentists in exchange for the promise that these providers will not purchase products from any competitor, such as Propel.

In addition to asserting antitrust claims based on alleged violations of the Sherman Act, Clayton Act, and Texas Antitrust Act, Propel has asserted counterclaims for false advertising in violation of Section 43(a) of the Lanham Act, business defamation, product disparagement, tortious interference with prospective and existing contractual and business relations, and unfair competition. Further, Propel claims in its countersuit that OrthoAccel has suppressed a self-commissioned study regarding its AcceleDent Aura® product (a vibration device used for 20 minutes a day using 30 Hertz of vibration).

About Propel

Propel is a leading innovator, manufacturer and worldwide seller of orthodontic devices with offices in Ossining, New York, and Miltpitas, California in the heart of Silicon Valley. The Company provides in-office and at-home orthodontic accessory devices to orthodontists and their patients, including the Excellerator™ line of products for performing Manual Osteoperforations and the VPro5™, a vibratory orthodontic device used to properly seat clear aligners in 5 minutes a day using 120 Hertz of vibration. Propel’s mission is to continue to create breakthrough technology that will exceed the expectations and needs of the orthodontic community.

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Calvin J. Fortenberry

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