Biolase Technology has reached a settlement agreement with Discus Dental and Philips Electronics regarding litigation that Discus brought against Biolase and its iLase personal laser in 2010 (Discus was subsequently acquired by Philips).
In the litigation, Discus asserted claims of design patent infringement, federal unfair competition, common law trademark infringement, unfair competition, and violation of the California Unfair Trade Practices Act. Discus claimed that Biolase's iLase personal laser infringed Discus' design patent, as well as trade dress rights Discus claimed in its own dental lasers.
All of Discus' claims against Biolase have been completely dropped and dismissed in their entirety with prejudice, Biolase announced.
Discus and Philips had sought damages and attorneys' fees, as well as a permanent injunction barring Biolase from selling the iLase. As part of the settlement, Biolase denied any and all such liability, and will continue to be able to sell the iLase throughout the world. Also, as part of the settlement, Philips will receive a nominal payment, most of which will be paid by Biolase's insurance carrier.
