Palomar's Hair Removal Lawsuit Against Candela Stayed Pending Re-Examination By United States Patent Office
18 11월 2008 - 11:43PM
PR Newswire (US)
BURLINGTON, Mass., Nov. 18 /PRNewswire-FirstCall/ -- Palomar
Medical Technologies, Inc. (NASDAQ:PMTI) today announced that,
yesterday, its lawsuit against Candela Corporation for infringement
of hair removal patents, specifically U.S. Patent Nos. 5,595,568
and 5,735,844, was stayed pending reexamination by the United
States Patent and Trademark Office (the "Patent Office").
Generally, a reexamination proceeding is one which re-opens patent
prosecution to insure that the claims in an issued patent are valid
over prior art references. Palomar has sought to license companies
throughout the industry, and the filing of the request for
reexamination was likely a response to these efforts. Although many
companies have licensed and agreed to the validity of these
patents, others continue to make arguments that the patents are
invalid. Palomar welcomes this opportunity to put these allegations
to rest and have the Patent Office review these patents again.
Requests for reexamination of patents are common and granted by the
Patent Office 92% of the time. The granting of a request for
reexamination does not indicate that the claims of the patents will
be cancelled or altered in any way. In this particular instance, an
anonymous third party filed the request for reexamination and cited
only a single prior art reference which was previously cited during
the prosecution of U.S. Patent No. 5,735,844. Neither Candela nor
any of the other parties that Palomar has previously sued has
relied on this reference. Palomar believes the arguments regarding
invalidity in the request for reexamination are baseless as well as
factually and legally incorrect. Palomar will respond to the
reexamination, including by citing all prior art which Candela and
others have relied upon. At the end of process, it should be clear,
as Palomar and many of its licensees have already concluded, that
the patents are valid and cover fundamental technology. The lawsuit
will be delayed until the reexamination is complete. About Palomar
Medical Technologies, Inc.: Palomar is a leading researcher and
developer of light-based systems for cosmetic treatments. Palomar
pioneered the optical hair removal field, when, in 1997, it
introduced the first high-powered laser hair removal system. Since
then, many of the major advances in light-based hair removal have
been based on Palomar technology. In December 2006, Palomar became
the first company to receive a 510(k) over-the-counter (OTC)
clearance from the United States Food and Drug Administration (FDA)
for a new, patented, home use, light-based hair removal device. OTC
clearance allows the product to be marketed and sold directly to
consumers without a prescription. There are now millions of
light-based cosmetic procedures performed around the world every
year in physician offices, clinics, spas and salons. Palomar is
testing many new and exciting applications to further advance the
hair removal market and other cosmetic applications. Palomar is
focused on developing proprietary light-based technology for
introduction to the mass markets. Palomar has granted The Procter
& Gamble Company a non-exclusive License Agreement to certain
patents, technology and FDA documents related to the home-use,
light-based hair removal field for women. In addition, Palomar has
an exclusive development and license agreement with Johnson &
Johnson Consumer Companies to develop and potentially commercialize
home-use, light-based devices for reducing or reshaping body fat
including cellulite, reducing the appearance of skin aging, and
reducing or preventing acne. This press release contains
forward-looking statements within the meaning of the U.S. Private
Securities Litigation Reform Act of 1995. Forward-looking
statements are based on the Company's current expectations, plans,
intentions, beliefs or predictions. These forward-looking
statements are neither promises nor guarantees, but involve risk
and uncertainties that may individually or mutually impact the
matters herein, and cause actual results, events and performance to
differ materially from such forward-looking statements. These risk
factors include, but are not limited to, results of future
operations, technological difficulties in developing or introducing
new products, the results of future research, lack of product
demand and market acceptance for current and future products, the
effect of economic conditions, challenges in managing joint
ventures and research with third parties and government contracts,
the impact of competitive products and pricing, governmental
regulations with respect to medical devices, including whether FDA
clearance will be obtained for future products and additional
applications, the results of litigation, including patent
infringement lawsuits, difficulties in collecting royalties,
potential infringement of third-party intellectual property rights,
factors affecting the Company's future income and resulting ability
to utilize its NOLs, and/or other factors, which are detailed from
time to time in the Company's SEC reports, including the report on
Form 10-K for the year ended December 31, 2007 and the Company's
quarterly reports on Form 10-Q. Readers are cautioned not to place
undue reliance on these forward-looking statements, which speak
only as of the date hereof. The Company undertakes no obligation to
release publicly the result of any revisions to these
forward-looking statements that may be made to reflect events or
circumstances after the date hereof or to reflect the occurrence of
unanticipated events. Contacts: Kayla Castle Investor Relations
Manager Palomar Medical Technologies, Inc. 781-993-2411 DATASOURCE:
Palomar Medical Technologies, Inc. CONTACT: Kayla Castle, Investor
Relations Manager of Palomar Medical Technologies, Inc.,
+1-781-993-2411, Web site: http://www.palomarmedical.com/ Company
News On-Call: http://www.prnewswire.com/comp/107555.html
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