The West Jordan, Utah-based company said it filed in the United States District Court for the State of Utah and in the United States District Court for the Central District of California against Biolase.
In Utah, the company said it is seeking to reopen a stayed case and file an amendment for infringement on a patent related to Biolase’s EPIC and Ezlase product lines. Claims in the complaint, originally filed in 2012, were rejected by the U.S. Patent & Trademark Office in 2013.
CAO said that it received a reexamination certificate in July 2017 which affirmed “the patentability of four claims added to the patent during reexamination,” according to a press release.
In the suits filed in California, CAO said it is claiming infringement related to patents for Biolase’s EPIC, iLase and Ezlase product lines.
“Biolase, Inc. knows of CAO’s patents, failed the challenge of CAO’s key patent through reexamine in US patent and trademark office, and continues to infringe CAO’s patents by marketing and selling infringing diode laser products. All of Biolase’s diode laser products are covered by CAO’s issued patents. CAO will vigorously defend its technology to protect its investment and licensed manufacturers. Our teachings in diode laser systems have been widely adopted by the industry, have benefited practitioners, and have made dental/medical uses of diode lasers easier, faster, and better,” CAO prez Densen Cao said in a press release.
The company said it is seeking past damages, injunction relief, enhanced damages for willful infringement and legal costs in both cases.