Section 8 - Other Events Item 8.01 Other Events. On July 6, 2005, Refocus Group, Inc., or the Company, announced that the United States District Court, Central District of California granted the Company's motion to dismiss the lawsuit filed by Biolase Technology, Inc. in February 2005. A copy of the press release announcing the grant of the motion to dismiss the lawsuit is filed as Exhibit 99.1 to this Current Report on Form 8-K. Section 9 - Financial Statements and Exhibits Item 9.01 Financial Statements and Exhibits. (a) Financial statements of businesses acquired. Not applicable. (b) Pro forma financial information. Not applicable. (c) Exhibits. The following exhibits are furnished in accordance with the provisions of Item 601 of Regulation S-B: Exhibit Number Description of Exhibit 99.1 Press release issued by the Company on July 6, 2005, announcing the grant of the motion to dismiss the lawsuit filed by Biolase Technology, Inc. 2 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. REFOCUS GROUP, INC. Date: July 8, 2005 By: /s/ MARK A. COX -------------------------- Name: Mark A. Cox Title: Vice President and Chief Financial Officer 3 INDEX TO EXHIBITS Exhibit Number Description of Exhibit 99.1 Press release issued by the Company on July 6, 2005, announcing the grant of the motion to dismiss the lawsuit filed by Biolase Technology, Inc.