BIOLASE Technology, Inc. Announces Multiple Allegations in Recent Lawsuit Are Dropped

IRVINE, CA--(Marketwire - May 19, 2010) - BIOLASE Technology, Inc. (NASDAQ: BLTI), the world’s leading dental laser company, today announced that Discus Dental, LLC and Zap Lasers, LLC filed a First Amended Complaint related to their ongoing lawsuit against BIOLASE, pending in the United States 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, as well as certain allegations related to the claims for trademark infringement and unfair competition.

David M. Mulder, Chief Executive Officer of BIOLASE, stated, “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.”

In addition to dropping the fraud allegation, 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 merely based on the shape of the BIOLASE iLase™, the world’s first truly portable laser.

Mulder continued, “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.”

About BIOLASE Technology, Inc.
BIOLASE Technology, Inc. (http://www.biolase.com), the world’s leading dental laser company, develops, manufactures and markets Waterlase technology and lasers and related products that advance the practice of dentistry and medicine. The Company’s products incorporate patented and patent pending technologies designed to provide clinically superior performance with reduced pain and faster recovery times. BIOLASE’s principal products are dental laser systems that perform a broad range of dental procedures, including cosmetic and complex surgical applications. Other products under development address ophthalmology, pain management and other medical and consumer markets.

This press release may contain forward-looking statements within the meaning of safe harbor provided by the Securities Reform Act of 1995 that are based on the current expectations and estimates by our management. These forward-looking statements can be identified through the use of words such as “anticipates,” “expects,” “intends,” “plans,” “believes,” “seeks,” “estimates,” “may,” “will,” and variations of these words or similar expressions. Forward-looking statements are based on management’s current, preliminary expectations and are subject to risks, uncertainties and other factors which may cause the Company’s actual results to differ materially from the statements contained herein, and are described in the Company’s reports it files with the Securities and Exchange Commission, including its annual and quarterly reports. No undue reliance should be placed on forward-looking statements. Such information is subject to change, and we undertake no obligation to update such statements.