Biolase said that the allegations are merely based on the shape of the iLase and are not based at all on the functions of the laser unit itself. The lawsuit was filed by the plaintiffs without first contacting Biolase.

Reportedly, in March 2010, Biolase had received 510(k) clearance from the FDA to market its iLase diode laser, the personal laser for dentists and hygienists, performing a full-range of minimally invasive soft-tissue and hygiene procedures.

The iLase is a self-contained, hand-held dental laser that includes the laser, user interface, battery power, and controls in a single, integrated handpiece with no foot pedals or cords.

David Mulder, chief executive officer of Biolase, said: “We are confident in the breadth of our intellectual property portfolio, and in the strength of our laser technology, and we intend to vigorously defend the company against these allegations levied by Discus and Zap. As our European CE Mark was received prior to our FDA 510(k) clearance, most of the orders received to date are for international markets.”