Biolase Technology, a dental laser company, has reported that Discus Dental and Zap Lasers have filed a First Amended Complaint related to their ongoing lawsuit against Biolase, pending in the US District Court for the Central District of California. The amended complaint was filed after Biolase threatened to file a motion to strike with the Court, dropped the allegation of fraud, as well as certain allegations related to the claims for trademark infringement and unfair competition.
In addition to dropping the fraud allegation, the plaintiffs made other changes that narrowed the lawsuit, which includes clarification that the plaintiffs are not alleging that Biolase has committed any trademark infringement, apart from the trade dress claim that is merely based on the shape of the Biolase iLase, the world’s first truly portable laser.
David Mulder, chief executive officer of Biolase, said: “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. 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.
“We are encouraged that the plaintiffs took other steps to narrow their claims against the Company. And we will continue to vigorously defend the Company in this lawsuit. We cannot and we will not allow any company or person to cast doubt on our Company or our mission.”