Dentistry

Dentistry Today: BriteSmile Files New Suit Against Discus Dental



BriteSmile Files New Patent Infringement Suit Against Discus Dental

BriteSmile Development, Inc. (“BDI”), a wholly owned subsidiary of BriteSmile, Inc. (NasdaqSC: BSML) filed on October 28, 2005, a patent infringement suit against competitor, Discus Dental, Inc. (“Discus”) in federal court in California. The suit alleges that Discus’ Zoom! 2 tooth whitening system infringes a patent issued to BDI on October 25, 2005, because it employs a high pH pre- treatment prior to contacting teeth with a hydrogen peroxide composition.

BriteSmile and Discus have been involved in patent litigation since 2002 over patents directed to novel tooth whitening technology owned by BriteSmile and BDI. The new suit alleges that, as a result of that litigation, Discus attempted to reformulate its tooth whitening products to avoid infringement — including launching the Zoom! 2 Chairside Whitening System. The new suit alleges that, despite the reformulation, the Zoom! 2 system infringes the newly issued BDI patent.

The Bleach Wars resume.

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