8-K

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

November 20, 2007
Date of Report (Date of earliest event reported)

BIOLASE TECHNOLOGY, INC.

(Exact name of registrant as specified in its charter)

Delaware
(State of Incorporation) 000-19627
(Commission File Number) 87-0442441
(IRS Employer
Identification Number)

4 Cromwell
Irvine, California 92618
(Address of principal executive offices)(Zip Code)

(949) 361-1200
(Registrant’s telephone number, including area code)

Not Applicable
(Former Name or Former Address, if Changed Since Last Report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

TABLE OF CONTENTS

	Item 2.02 Results of Operations and Financial Condition
	Item 9.01 Financial Statements and Exhibits
SIGNATURES
EXHIBIT INDEX
EXHIBIT 99.1

Note: BIOLASE Technology, Inc. (“Biolase”) is filing this previously released earnings announcement for the third quarter ended September 30, 2007, which was originally filed on November 6, 2007, in advance of its previously announced corporate update call scheduled for November 20, 2007 solely to comply with the requirements of Item 2.02(b)(1) of Form 8-K. For the avoidance of doubt, there have been no revisions to the data included in the previously filed release.

Item 2.02 Results of Operations and Financial Condition

     On November 6, 2007, Biolase issued a press release announcing its financial results for the third quarter ended September 30, 2007. A copy of the press release is furnished as Exhibit 99.1 to this Current Report on Form 8-K.

     This Current Report on Form 8-K and the information contained in the press release shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that Section. The information in this Current Report on Form 8-K and the press release is not incorporated by reference into any filings of Biolase, whether made before or after the date of this Current Report on Form 8-K, regardless of any general incorporation language in the filing, unless explicitly incorporated by specific reference into such filing.

Item 9.01 Financial Statements and Exhibits

     (d) Exhibits.

          99.1 Press Release of BIOLASE Technology, Inc., dated November 6, 2007.

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SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	BIOLASE TECHNOLOGY, INC.
Date: November 20, 2007	By:	/s/ Richard L. Harrison
		Richard L. Harrison
		Executive Vice President, Chief Financial Officer & Secretary

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EXHIBIT INDEX

Exhibit No.	Description
99.1	Press Release of BIOLASE Technology, Inc., dated November 6, 2007.

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EX-99.1

EXHIBIT 99.1

NEWS RELEASE for November 6, 2007

BIOLASE REPORTS THIRD QUARTER AND FIRST NINE MONTHS 2007 RESULTS

IRVINE, CA (November 6, 2007) — BIOLASE Technology, Inc. (NASDAQ:BLTI), the world’s leading dental laser company, today reported operating results for its third quarter and first nine months ended September 30, 2007.

Third Quarter 2007 Results

Net revenue for the quarter ended September 30, 2007 was $12.8 million, down from $17.1 million in the third quarter of 2006. Gross profit for the third quarter of 2007 improved to 51 percent of net revenue as compared with 50 percent of net revenue in the same period of 2006. Operating expenses in the 2007 third quarter increased by four percent, or $422,000, to $10.2 million from $9.8 million in the third quarter of 2006. Net loss for the quarter ended September 30, 2007 was $3.5 million, or $0.15 per diluted share, compared with a net loss of $1.0 million, or $0.04 per diluted share, for the third quarter of 2006.

Interim Chief Executive Officer Federico Pignatelli commented, “Revenue results for the quarter ended September 30, 2007 were well below our expectations, notwithstanding the typically slower summer quarter. Sales of our diode laser systems continued to outpace those in the same quarter of 2006, but sales of Waterlase MD™ all-tissue laser systems showed a significant decrease. While we believe the reasons for the shortfall could be varied, these results are unacceptable and led to this morning’s announcement that the Company has taken significant action.”

Pignatelli continued, “As announced earlier today, I have stepped in to serve as BIOLASE’s Interim CEO, and I’m pleased to report that we have made good progress in our search for a new CEO. Also, we’re fortunate that independent director Jim Largent has agreed to devote time at BIOLASE to help in assessing our sales and marketing strategies and programs, which have not been effective in furthering the market’s understanding of and penetration by our Waterlase all-tissue laser technology. Published reports of the clinical superiority of the technology and countless reports of significant practice-enhancing results from our user base have us convinced that Waterlase technology will ultimately become a standard in the dental suite of the future. We plan to examine every element of our programs — marketing, messaging, promotions, product pricing, and distribution — to be sure that we have the optimal strategies for rapid growth in the adoption rate of our Waterlase technology.”

First Nine Months 2007 Results

Net revenue for the nine months ended September 30, 2007 was $46.0 million compared with $49.9 million for the same period in 2006. Gross profit for the first nine months of 2007 improved to 54 percent of net revenue as compared with 50 percent of net revenue in the same period of 2006. Operating expenses for the first nine months of 2007 and 2006 were $31.1

million and $30.7 million, respectively. Net loss for the nine months ended September 30, 2007 was $6.1 million, or $0.26 per diluted share, compared with a net loss of $5.7 million, or $0.24 per diluted share, for the nine months ended September 30, 2006.

The balance sheet as of September 30, 2007 showed cash and cash equivalents of $11.9 million, total assets of $40.0 million and total stockholders’ equity of $18.1 million.

Conference Call
The Company’s previously announced conference call for Thursday, November 8, 2007, is being canceled due to the management change announcement made earlier today. The Company will announce a revised conference call date and time in the near future to discuss the results, management changes, and business outlook.

About BIOLASE Technology, Inc.
BIOLASE Technology, Inc. (http://www.biolase.com), the world’s leading dental laser company, is a medical technology company that develops, manufactures and markets lasers and related products focused on technologies 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 less 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 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.

For further information, please contact: Richard L. Harrison, Executive Vice President and CFO of BIOLASE Technology, Inc., +1-949-361-1200; or Jill Bertotti, of Allen & Caron, +1-949-474-4300.

07-20

- TABLE FOLLOWS -

BIOLASE TECHNOLOGY, INC.

CONSOLIDATED STATEMENTS OF OPERATIONS (Unaudited)
(in thousands, except per share amounts)

	Three Months Ended						Nine Months Ended
	September 30,						September 30,
	2007			2006			2007			2006
Products and services revenue	$	11,910		$	16,869		$	43,158		$	49,469
License fees and royalty revenue		902			197			2,891			384
Net revenue		12,812			17,066			46,049			49,853
Cost of revenue		6,228			8,448			21,318			24,914
Gross profit		6,584			8,618			24,731			24,939
Other (loss) income, net		—			(1	)		—			10
Operating expenses:
Sales and marketing		6,292			5,510			19,619			17,493
General and administrative		2,602			2,967			7,781			9,123
Engineering and development		1,279			1,306			3,686			3,776
Patent infringement legal settlement		—			(32	)		—			348
Total operating expenses		10,173			9,751			31,086			30,740
Loss from operations		(3,589	)		(1,134	)		(6,355	)		(5,791	)
Non-operating income, net		119			94			442			134
Loss before income tax provision		(3,470	)		(1,040	)		(5,913	)		(5,657	)
Income tax provision (benefit)		38			(33	)		219			70
Net loss	$	(3,508	)	$	(1,007	)	$	(6,132	)	$	(5,727	)
Net loss per share:
Basic	$	(0.15	)	$	(0.04	)	$	(0.26	)	$	(0.24	)
Diluted	$	(0.15	)	$	(0.04	)	$	(0.26	)	$	(0.24	)
Shares used in the calculation of net loss per share:
Basic		23,887			23,580			23,840			23,394
Diluted		23,887			23,580			23,840			23,394

BIOLASE TECHNOLOGY, INC.

CONSOLIDATED BALANCE SHEETS (Unaudited)
(in thousands, except per share amounts)

	September 30, 2007			December 31, 2006
ASSETS
Current assets:
Cash and cash equivalents	$	11,890		$	14,676
Accounts receivable, less allowance of $971 and $1,357 in 2007 and 2006, respectively		7,497			15,193
Inventory, net		10,774			7,774
Prepaid expenses and other current assets		1,072			1,346
Total current assets		31,233			38,989
Property, plant and equipment, net		4,354			4,851
Intangible assets, net		1,200			1,469
Goodwill		2,926			2,926
Deferred tax asset		22			35
Other assets		308			308
Total assets	$	40,043		$	48,578
LIABILITIES AND STOCKHOLDERS’ EQUITY
Current liabilities:
Accounts payable	$	6,807		$	7,699
Accrued liabilities		5,920			8,560
Deferred revenue, current portion		5,522			5,431
Total current liabilities		18,249			21,690
Deferred tax liabilities		327			271
Deferred revenue, long-term		2,841			4,278
Other liabilities, long-term		483			373
Total liabilities		21,900			26,612
Stockholders’ equity:
Preferred stock, par value $0.001, 1,000 shares authorized, no shares issued and outstanding		—			—
Common stock, par value $0.001, 50,000 shares authorized, 25,852 and 25,741 shares issued and 23,888 and 23,777 shares outstanding in 2007 and 2006, respectively		26			26
Additional paid-in capital		112,842			111,415
Accumulated other comprehensive gain		1,146			108
Accumulated deficit		(79,472	)		(73,184	)
		34,542			38,365
Treasury stock (cost of 1,964 shares repurchased)		(16,399	)		(16,399	)
Total stockholders’ equity		18,143			21,966
Total liabilities and stockholders’ equity	$	40,043		$	48,578

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