USPTO Rejects All Claims Subject to Reexamination in the CAO Group's Patent
Action Against BIOLASE
IRVINE, CA -- (Marketwired) -- 05/07/13 -- BIOLASE, Inc. (NASDAQ:
BIOL), the world's leading dental laser manufacturer and distributor,
announced today that the United States Patent and Trademark Office
("USPTO") issued an office action in a reexamination proceeding
rejecting all of the claims of Utah-based CAO Group, Inc.'s (the "CAO
Group's") U.S. Patent No. 7,485,116 (the "116 Patent") that were
subject to reexamination. This is the second office action in which
the USPTO has rejected those same claims. BIOLASE initiated the
reexamination in response to the lawsuit the CAO Group filed against
BIOLASE on April 24, 2012, for patent infringement of the 116 Patent
in the United States District Court, District of Utah.
Federico Pignatelli, Chairman and Chief Executive Officer of BIOLASE,
stated, "We are very pleased with the results of this latest office
action issued by the USPTO, which rejected all 37 claims in the CAO
Group's patent that were subject to reexamination. This clearly
supports our assertion that the allegations of patent infringement
levied by CAO are totally without merit."
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(R) soft-tissue
diode laser. Because all of the pertinent patent claims being
asserted by CAO against BIOLASE in the lawsuit have been reexamined
by the USPTO, the District Court has stayed CAO's lawsuit pending the
final outcome of the reexamination.
Pignatelli continued, "BIOLASE's intellectual property ('IP')
portfolio is the cornerstone of laser technology in dentistry and
several of our competitors currently license our IP in their own
laser products. Although we believe this lawsuit to be frivolous,
BIOLASE will not hesitate to defend its rights and valuable IP
BIOLASE's ezlase may be the most popular diode laser ever produced to
date with more than 5,000 units sold. BIOLASE received 510(k)
clearance from the U.S. Food and Drug Administration ("FDA") to
initially market the ezlase in early 2007. BIOLASE received an
additional FDA 510(k) clearance for tooth whitening in December 2008
and another FDA 510(k) clearance for pain relief and therapy with
application in sports medicine, orthopedics, physical therapy, and
chiropractic medicine in April 2009. The ezlase has been replaced by
the new EPIC 10(TM) diode platform which was released in late 2012.
About BIOLASE, Inc.
BIOLASE, Inc. is a biomedical company that
develops, manufactures, and markets lasers in dentistry and medicine
and also markets and distributes dental imaging equipment; products
that are focused on technologies that advance the practice of
dentistry and medicine. The Company's laser products incorporate over
340 patented and patent-pending technologies designed to provide
biologically 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 22,500 lasers.
Other products under development address ophthalmology and other
medical and consumer markets.
For updates and information on WaterLase and laser dentistry, find
BIOLASE online at www.biolase.com, Facebook at
www.facebook.com/biolaseinc, Twitter at www.twitter.com/biolaseinc,
Pinterest at www.pinterest.com/biolase, Linkedin at
www.linkedin.com/company/biolase, Instagram at
www.instagram.com/biolaseinc and YouTube at
BIOLASE(R), WaterLase(R), EPIC(TM), and ezlase(R) are all registered
trademarks or trademarks of BIOLASE, Inc.
For further information, please contact:
Porter, LeVay & Rose, Inc.
Press spacebar to pause and continue. Press esc to stop.