Discus Dental and Zap Lasers have filed an amended complaint related to their ongoing lawsuit against Biolase Technology that is pending in the U.S. District Court for the Central District of California.
The amended complaint, which the plaintiffs filed after Biolase threatened to file a motion to strike with the court, dropped the allegation of fraud and certain allegations related to the claims for trademark infringement and unfair competition, according to Biolase.
In March 2010, Biolase announced that it had received 510(k) clearance from the U.S. FDA to market the iLase diode laser for minimally invasive soft-tissue and hygiene procedures. Discus and Zap subsequently filed suit against Biolase, accusing the company of patent and trademark infringement and unfair competition.
"We are very pleased that the plaintiffs dropped their unjustifiable allegations, which we always felt were inappropriate and worthy of being stricken from the complaint," said David Mulder, CEO of Biolase. "This serves to validate the fact that we run a reputable, professional business that continues to maintain a leadership role in the dental laser industry."
In addition to dropping the fraud allegation, Biolase said the plaintiffs made other changes that significantly narrowed their lawsuit, including clarifying that the plaintiffs are not alleging that Biolase has committed any trademark infringement, apart from the trade dress claim that is based on the shape of the Biolase iLase.
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