Biolase, NLT Resolve Dispute

Biolase Technology Inc. of Irvine, Calif., and National Laser Technology Inc. (NLT) of Indianapolis have reached a final settlement agreement resolving the claims and counterclaims in the lawsuit between the companies pending in the Southern District of Indiana concerning NLT's sale of used Biolase dental lasers. According to reports, both parties' claims will be dismissed with prejudice. NLT had brought the suit in August 2008 alleging, among other things, that Biolase made false statements to dentists concerning NLT's sale of used Biolase lasers and refused to sell laser tips and other parts to dentists if they did business with NLT in violation of antitrust and unfair competition laws. Biolase filed counterclaims alleging that NLT infringed Biolase's copyrights and trademarks, made false and misleading statements on its website, and modified, sold and serviced used Biolase lasers without premarket approval from the FDA in violation of unfair competition laws. While each party continues to deny the allegations against it, the parties have agreed to resolve their dispute. Both parties are looking forward to selling their respective products.