IRVINE, CA -- (Marketwire) -- 04/30/12 -- 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 ezlase® 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.
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:
Allen & Caron