June 12, 2014 13:13 ET

BIOLASE Responds to Fotona Press Release Regarding Orange County, CA False Advertising Lawsuit

IRVINE, CA--(Marketwired - Jun 12, 2014) -  BIOLASE, Inc. (NASDAQ: BIOL), the world's leading manufacturer and distributor of dental lasers, including the Company's proprietary WaterLase®, and a pioneer in laser surgery in other medical specialties, as well as a distributor of digital radiography, intra oral scanners, and chair-side milling machines and 3-D printers for dentistry, today announced that it responds to clarify that this legal action is solely related to a false advertising and defamation suit filed by BIOLASE with the United States District Court in Orange County, California and does not affect the German Patent Infringement Suit won by BIOLASE in May awarding cash damages and injunctive relief. In addition, while the Orange County Court granted Fotona's Motion to Dismiss, they also elected to grant BIOLASE a 14 day Leave to Amend the Dismissed Claims which BIOLASE intends to pursue.

Federico Pignatelli, BIOLASE Chairman and CEO, commented, "BIOLASE has already achieved one of the primary objectives of the Orange County proceeding by Fotona and their US distributor, Technology4Medicine, a licensee of only Erbium-Yag BIOLASE's IP portfolio, eliminating significant claims which were of concern to BIOLASE on their web site and other materials. Other claims were dismissed in the motion under the category of Non-Actionable Puffery, which further supports BIOLASE's position. The remaining support for the granting of the motion to dismiss comes from their use of what appears to be accurate re-statements of conclusions in scientific journal articles which thus cannot support a false advertising claim."

BIOLASE does not believe this to be correct since the cited articles are written in part by Fotona staff members and co-inventors, published in a Fotona sponsored journal with clinical results not confirmed by independent research or BIOLASE in-house testing."

About BIOLASE, Inc.
BIOLASE, Inc. is a biomedical company that develops, manufactures, and markets innovative lasers in dentistry and medicine and also markets and distributes high-end 2D and 3D digital imaging equipment, CAD/CAM intraoral scanners, and in-office milling machines and 3D printers; products that are focused on technologies that advance the practice of dentistry and medicine. The Company's proprietary laser products incorporate approximately 300 patented and patent-pending technologies designed to provide biologically clinically superior performance with less pain and faster recovery times. Its innovative products provide cutting-edge technology at competitive prices to deliver the best results for dentists and patients. BIOLASE's principal products are revolutionary 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 25,500 laser systems. Other laser products under development address ophthalmology and other medical and consumer markets.

For updates and information on WaterLase and laser dentistry, find BIOLASE online at, Facebook at, Twitter at, Pinterest at, LinkedIn at, Google+ at, Instagram at, and YouTube

BIOLASE®, WaterLase®, and Total Technology Solution™ are registered trademarks or trademarks of BIOLASE, Inc.

Safe Harbor Statement under the Private Securities Litigation Reform Act of 1995
Statements contained in this press release that refer to BIOLASE's estimated or anticipated future results or other non-historical facts are forward-looking statements, as are any statements in this press release concerning prospects related to BIOLASE's strategic initiatives, product introductions and anticipated financial performance. Forward-looking statements can also 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. Readers are cautioned not to place undue reliance on these forward-looking statements, which reflect BIOLASE's current perspective of existing trends and information and speak only as of the date of this release. Actual results may differ materially from BIOLASE's current expectations depending upon a number of factors affecting BIOLASE's business. These factors include, among others, adverse changes in general economic and market conditions, competitive factors including but not limited to pricing pressures and new product introductions, uncertainty of customer acceptance of new product offerings and market changes, risks associated with managing the growth of the business, and those other risks and uncertainties that may be detailed, from time-to-time, in BIOLASE's reports filed with the SEC. BIOLASE does not undertake any responsibility to revise or update any forward-looking statements contained herein.

Contact Information

  • For further information, please contact:
    Michael Porter
    Porter, LeVay & Rose, Inc.