Biolase has won its patent infringement case against Fotona after a German court found that Fotona's Fidelis dental laser system infringes on Biolase's European patent.
Biolase's European patent relates to the output of optical energy of lasers; specifically, the conditions of laser-induced cutting of biological tissue, according to the company. The court in DĂĽsseldorf accepted Biolase's requests for injunctive relief, product recall, rendering of account, and cash damages.
Fontona could be liable for several million euros in damages for the German market alone and injunctive relief in the critical German market.
Biolase has a portfolio of more than 300 U.S. and international patents and patents pending. Based on the results of the case, Biolase said it will notify other manufacturers and distributors in Germany, France, Italy, and the U.K. that it believes are infringing on the European or other patents in its portfolio.
In February, Biolase filed a false advertising lawsuit against competitors Fotona and Technology4Medicine, claiming the companies made false and misleading statements regarding Biolase products, technology, and management. The suit, filed in the U.S. District Court for the Central District of California, seeks both cash damages and injunctive relief.
