BIOLASE Responds to Patent Action
30 April 2012 - 11:00PM
Marketwired
BIOLASE Technology, Inc. (NASDAQ: BLTI), the World's leading dental
laser company, today announced that West Jordan, UT-based CAO
Group, Inc. has filed a lawsuit against BIOLASE in the United
States District Court for the District of Utah, Central Division,
alleging patent infringement involving BIOLASE's ezlaseĀ® diode
laser. The only claimed novelty of the single asserted patent
pertains to how excessive fiber is stored, and does not relate to
the actual advanced design, features and functions of the ezlase.
The lawsuit was filed by the plaintiff without first contacting
BIOLASE, and as of today, the plaintiff has not served the
complaint on BIOLASE.
Federico Pignatelli, Chairman and Chief Executive Officer of
BIOLASE, stated, "With close to 300 issued and pending patents, we
are very confident in the breadth of our intellectual property
portfolio, and in the strength of our laser technology. We are
quite intrigued by this attack on BIOLASE, and we will fully and
vigorously defend BIOLASE against any allegations levied by CAO
which are without merit."
BIOLASE's ezlase is perhaps the most versatile diode laser
available on the market today, and with more than 5,000 units sold,
ezlase has become the trusted choice of dentists and hygienists
around the world. In early 2007, BIOLASE received 510(k) clearance
from the U.S. Food and Drug Administration (FDA) to market ezlase.
In December 2008, the Company received an additional FDA 510(k)
clearance for tooth whitening, and in April 2009, the Company
received a third FDA 510(k) clearance for pain relief and therapy
with application in sports medicine, orthopedics, physical therapy
and chiropractic medicine.
Pignatelli continued, "BIOLASE is an early pioneer in the field
and this year proudly celebrates its 25-year anniversary. Its
intellectual property portfolio is the cornerstone of laser
technology in dentistry. Indeed, some of our competitors license
our IP in their own laser products. CAO, an upstart newcomer to our
esteemed industry, contends that the ezlase, which has been on the
market for more than five years, infringes on what appears to be a
narrow patent that received minimal scrutiny from the patent
office. CAO and its director Densen Cao abandoned this patent in
early 2008 and waited more than five months before claiming the
abandonment was 'unintentional,' in an effort to revive it.
"CAO's diode is an inferior product manufactured in China,"
added Pignatelli. "It is costly, has less laser power and fewer
features when compared to ezlase, and it also has a large physical
footprint and unpleasant design. We believe CAO, who clearly cannot
fairly compete with BIOLASE among the dental community, has instead
turned to the court system with this lawsuit, which we strongly
believe to be frivolous, in an attempt to exploit us and to try and
achieve what it clearly cannot accomplish in the marketplace.
"We look forward to our day in court," continued Pignatelli,
"and we are carefully exploring all options available to us, as our
IP portfolio is quite comprehensive."
About BIOLASE Technology, Inc. BIOLASE
Technology, Inc., the World's leading Dental Laser Company, is a
medical technology company that develops, manufactures and markets
dental lasers and also distributes and markets dental imaging
equipment, products that are focused on technologies that advance
the practice of dentistry and medicine. The Company's laser
products incorporate approximately 285 patented and patent pending
technologies designed to provide clinically superior performance
with less pain and faster recovery times. Its imaging products
provide cutting-edge technology at competitive prices to deliver
the best results for dentists and patients. BIOLASE's principal
products are dental laser systems that perform a broad range of
dental procedures, including cosmetic and complex surgical
applications, and a full line of dental imaging equipment. BIOLASE
has sold more than 19,000 lasers among 16,000 customers. Other
products under development address ophthalmology and other medical
and consumer markets.
For updates and information on laser and Waterlase dentistry,
find BIOLASE at http://www.biolase.com, Twitter at
http://twitter.com/GoWaterlase, and YouTube at
http://www.youtube.com/user/Rossca08.
This press release may contain forward-looking statements within
the meaning of safe harbor provided by the Securities Reform Act of
1995 that are based on the current expectations and estimates by
BIOLASE management. These forward-looking statements can be
identified through the use of words such as "anticipates,"
"expects," "intends," "plans," "believes," "seeks," "estimates,"
"may," "will," and variations of these words or similar
expressions. Forward-looking statements are based on management's
current, preliminary expectations and are subject to risks,
uncertainties and other factors which may cause the Company's
actual results to differ materially from the statements contained
herein, and are described in the Company's reports it files with
the Securities and Exchange Commission, including its annual and
quarterly reports. No undue reliance should be placed on
forward-looking statements. Such information is subject to change,
and BIOLASE undertakes no obligation to update such statements.
For further information, please contact: Jill Bertotti Allen
& Caron +1-949-474-4300
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