Palomar Successful in U.S. Patent Office Re-Examination of Second Hair Removal Patent
19 8월 2009 - 3:00AM
PR Newswire (US)
Palomar to Re-Start Patent Infringement Lawsuits Against Candela
and Syneron BURLINGTON, Mass., Aug. 18 /PRNewswire-FirstCall/ --
Palomar Medical Technologies, Inc. (NASDAQ:PMTI), a leading
researcher and developer of light-based systems for cosmetic
treatments, announced today that the U.S. Patent and Trademark
Office ("the Patent Office") has confirmed the validity of all
claims in the re-examination of U.S. Patent No. 5,595,568 ("the
'568 patent"), entitled "Permanent Hair Removal Using Optical
Pulses." Rejecting Candela's and another company's arguments to the
contrary, the U.S. Patent Office confirmed that claims 1-10, 13,
14, 18, and 19 of the '568 patent are valid and patentable. As part
of the re-examination process, Palomar added 2 new claims (23-24)
to the '568 patent, and the Patent Office also confirmed these new
claims as valid and patentable. Claims 11, 12, 15, 16, 17, 20, 21
and 22 were not under re-examination. Consequently, all claims of
the '568 patent are valid. Palomar is suing Syneron for willful
infringement of the '568 patent and both Candela and Syneron for
willful infringement of the U.S. Patent No. 5,735,844 ("the '844
patent") in the U.S. District Court for the District of
Massachusetts. On June 15, 2009, Palomar announced the successful
conclusion of the re-examination of the '844 patent. On November
17, 2008, the lawsuit against Candela was stayed by the Court
pending the outcome of the re-examinations of both the '568 and
'844 patents. In Palomar's patent infringement lawsuit against
Syneron, the parties mutually agreed to a stay of that suit pending
the re-examinations of both the '568 and '844 patents. Palomar has
requested that the court re-start its lawsuit against Candela and
will now also request the court re-start its lawsuit against
Syneron. This light-based hair removal patent family has already
been licensed to ten competitors and is also the subject of a
patent infringement lawsuit against Tria Beauty, Inc. Chief
Executive Officer Joseph P. Caruso commented, "We are again very
pleased with this result from the U.S. Patent Office. This patent
family is strong as is evidenced by the number of our current
licensees; as well as the fact that companies are now coming to us
for licenses prior to entering the hair removal market." Mr. Caruso
continued, "As I have said in the past, Palomar exclusively
licensed the '844 and '568 patents from Massachusetts General
Hospital in 1995. Palomar was the first company to receive FDA
clearance and bring a high powered light-based hair removal system
to market. Palomar was later the first company to receive FDA
clearance for permanent hair reduction and the first company to
receive over the counter clearance from the FDA for a hair removal
device. After establishing light-based hair removal as a viable
treatment option, many competitors began to use our technology.
Several properly took licenses while others opted not to at their
own risk. Unauthorized taking of technology is what the patent
system is designed to prevent. We intend to continue our aggressive
patent enforcement strategy both to protect our own investment in
research and market development as well as the investment of our
competitor licensees." Patricia Davis, Palomar's General Counsel
and a registered patent attorney, commented, "Again we are pleased
but not surprised by the U.S. Patent Office's position which
supports our belief in the strength of both the '568 patent and the
patent family as a whole. If Palomar prevails at trial, Candela and
Syneron may be ordered to pay significant amounts in damages for
past sales and ordered to stop selling infringing products. Palomar
also alleges that Candela's and Syneron's activities constitute
willful infringement. If Palomar prevails on such claims, Candela
and Syneron could be forced to pay up to triple the amount of the
original damages assessment and Palomar's legal fees." 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. In
June 2009, Palomar became the first company to receive a 510(k) OTC
clearance from the FDA for a new, patented home use, laser device
for the treatment of periorbital wrinkles. OTC clearance allows
products 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 hair removal, skin
rejuvenation 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 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. For more information on Palomar and its products, visit
Palomar's website at http://www.palomarmedical.com/. To continue
receiving the most up-to-date information and latest news on
Palomar as it happens, sign up to receive automatic e-mail alerts
by going to the Investor Relations' section of the website. 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,
2008 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, Palomar Medical
Technologies, Inc., +1-781-993-2411, Web Site:
http://www.palomarmedical.com/
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