Re: 5/5-8/03 - [BLTI/Diodem/PLSIA] BIOLASE Files Lawsuit Against Diodem, LLC; Biolase (BLTI) Sued for Patent Infringement; BIOLASE Responds to Misleading Diodem, LLC Press Release
Press Release Source: BIOLASE Technology, Inc.
BIOLASE Files Lawsuit Against Diodem, LLC
Monday May 5, 7:31 am ET
SAN CLEMENTE, Calif., May 5 /PRNewswire-FirstCall/ -- BIOLASE Technology, Inc. (Nasdaq: BLTI - News) filed suit against Diodem LLC on May 2, 2003 to reinforce BIOLASE's intellectual property position in the marketplace.
Diodem, LLC is a small, recently formed entity purporting to hold some of the patents formerly held by Premier Laser Systems, Inc. which filed for bankruptcy in March 2000. In the LLC's Articles of Organization filed with the California Secretary of State, Diodem identifies Colette Cozean, Premier's former President and C.E.O., as agent, and as initial manager. BIOLASE previously sued Premier Laser Systems for patent infringement shortly before Premier's bankruptcy filing. This action is intended to further assert and protect certain BIOLASE intellectual property rights.
"BIOLASE will continue to take affirmative measures to protect the interests of the Company and our stockholders and enforce our strong patent portfolio and position in the market," said Jeffrey W. Jones, BIOLASE President and Chief Executive Officer.
About BIOLASE
BIOLASE Technology, Inc. ( biolase.com ) is a medical technology company that manufactures and markets advanced dental, cosmetic, aesthetic and surgical products, including Waterlase Hydrokinetic(TM) surgical cutting systems, LaserSmile(TM) and other advanced laser and non-laser products for the medical market. The Company's products incorporate patented and patent-pending technologies in the pursuit of painless surgery. BIOLASE is a leading provider of painless hard and soft tissue dental laser technology.
This press release may contain forward-looking statements that are based on our current expectations, estimates and projections about our industry as well as management's beliefs and assumptions. Words such as "anticipates," "expects," "intends," "plans," "believes," "seeks," "estimates," "may," "will," and variations of these words or similar expressions are intended to identify forward-looking statements. These statements speak only as of the date hereof and are based upon the information available to us now. Such information is subject to change and we will not necessarily inform you of such changes. These statements are not guarantees of future performance and are subject to certain risks, uncertainties and assumptions that are difficult to predict. Therefore our actual results could differ materially and adversely from those expressed in any forward-looking statements as a result of various factors.
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05/08/2003
Dow Jones News Services
(Copyright © 2003 Dow Jones & Company, Inc.)
BIOLASE (BLTI) SUED FOR PATENT INFRINGEMENT
LOS ANGELES, Calif., May 7, 2003 -- In the patent infringement lawsuit filed by privately-held DIODEM, LLC, based in Pasadena, California, against BIOLASE Technology, Inc. (Nasdaq: BLTI), based in San Clemente, California, Diodem filed an amended complaint on May 6, 2003. The DIODEM lawsuit, filed in federal district court in Los Angeles, charges BIOLASE and others with infringing four patents owned by DIODEM. The earliest DIODEM patent covers an invention that occurred significantly prior to the earliest BIOLASE patent.
Although on April 3, 2003, BIOLASE and DIODEM entered discussions to settle the lawsuit, BIOLASE inexplicably omitted any mention of the lawsuit in its previous press releases. The lawsuit against BIOLASE has been pending since March 27, 2003. When settlement talks broke down, BIOLASE filed its own suit seeking declaratory relief on May 2, 2003.
"Diodem will seek a prompt legal ruling to establish the validity of its patent portfolio and infringement by Biolase, which will result in damages as well as an injunction barring Biolase from selling any more of its infringing Waterlase Erbium lasers," said Greg Dovel, counsel for Diodem.
The Waterlase, an Erbium laser used for dental surgery, accounts for the majority of Biolase' sales.
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Press Release Source: BIOLASE Technology, Inc.
BIOLASE Responds to Misleading Diodem, LLC Press Release
Thursday May 8, 4:35 pm ET
SAN CLEMENTE, Calif., May 8 /PRNewswire-FirstCall/ -- On May 2, 2003 BIOLASE Technology, Inc. (Nasdaq: BLTI - News) filed a lawsuit against Diodem, LLC in federal court. On May 5, 2003, in response to BIOLASE's lawsuit, Diodem amended a lawsuit that it had previously filed against other companies in the dental laser market to add BIOLASE as a defendant. Then, on May 6, 2003, Diodem issued its own press release, claiming that BIOLASE had "inexplicably" omitted reference to what it mischaracterized as its "lawsuit against BIOLASE [that] has been pending since March 27, 2003."
Until May 5, 2003, BIOLASE was not named or served in any lawsuit brought by Diodem. During April 2003, Diodem had initiated discussions with BIOLASE about a possible acquisition by BIOLASE of Diodem's patent portfolio. While in the course of those discussions, Diodem had threatened to sue BIOLASE if no agreement were reached, Diodem did not, until May 5, 2003, sue BIOLASE.
Diodem is a small LLC organized by the former CEO of the bankrupt Premier Laser Systems, Inc. The patents asserted in the Diodem suit were the same patents owned by Premier Laser System when BIOLASE sued Premier Laser Systems for patent infringement in 2000 (an action that was automatically stayed by Premier Laser's bankruptcy). While BIOLASE believes Diodem's press release was misleading, it was not an unexpected response to BIOLASE's lawsuit against Diodem. As previously announced, BIOLASE filed that action to reinforce its intellectual property position.
About BIOLASE
BIOLASE Technology, Inc. ( biolase.com ) is a medical technology company that manufactures and markets advanced dental, cosmetic, aesthetic and surgical products, including Waterlase Hydrokinetic(TM) surgical cutting systems, LaserSmile(TM) and other advanced laser and non-laser products for the medical market. The Company's products incorporate patented and patent-pending technologies in the pursuit of painless surgery. BIOLASE is a leading provider of painless hard and soft tissue dental laser technology.
This press release may contain forward-looking statements that are based on our current expectations, estimates and projections about our industry as well as management's beliefs and assumptions. Words such as "anticipates," "expects," "intends," "plans," "believes," "seeks," "estimates," "may," "will," and variations of these words or similar expressions are intended to identify forward-looking statements. These statements speak only as of the date hereof and are based upon the information available to us now. Such information is subject to change and we will not necessarily inform you of such changes. These statements are not guarantees of future performance and are subject to certain risks, uncertainties and assumptions that are difficult to predict. Therefore our actual results could differ materially and adversely from those expressed in any forward-looking statements as a result of various factors.
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