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National Laser Technology, Inc. (NLT) filed the suit againstCalifornia-based Biolase Technology, Inc. (Nasdaq: BLTI) seeking compensatoryand punitive damages. The complaint also requests a preliminary and permanentinjunction barring Biolase from engaging in any further anticompetitiveconduct, from making false and misleading statements, and from retaliatingagainst NLT. NLT is represented by Barnes & Thornburg LLP.
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The complaint alleges that Biolase, which has a market share of more than85 percent, uses its monopoly power to coerce dentists to purchase productsfrom Biolase at double the price offered by NLT, thus maintaining andincreasing its monopoly. NLT alleges that as part of a campaign to put NLT outof business, Biolase threatens dentists by refusing to sell them laser tipsand other necessary products if the dentists do business with NLT, andthreatens to cut off trainers and other vendors who provide services to NLTcustomers. The complaint also asserts that Biolase has made false andmisleading statements to dentists about NLT's products.
"We have high quality products to sell at low cost to compete withBiolase, but have been limited in our ability to provide these products todentists because of the actions alleged in the complaint," NLT CEO Alan Millersaid. "We reluctantly brought this case because these actions have causedsignificant harm to NLT and to dentists."
The case is National Laser Technology, Inc. v. Biolase Technology, Inc.,08-cv-1123, (S.D. Ind. Aug. 20, 2008).
SOURCE National Laser Technology, Inc.