Palomar Successful in U.S. Patent Office Re-Examination of Hair Removal Patent
15 6월 2009 - 10:00PM
PR Newswire (US)
Palomar to Seek Re-Start of Patent Infringement Lawsuit Against
Candela BURLINGTON, Mass., June 15 /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 56
claims in the re-examination of U.S. Patent No. 5,735,844 ("the
'844 patent"), entitled "Hair Removal Using Optical Pulses".
Rejecting Candela's and another company's arguments to the
contrary, the U.S. Patent Office confirmed that claims 1-3, 6-8,
11, 17-20, 27, 28, 30, 32 of the '844 patent are valid and
patentable. As part of the re-examination process, Palomar added 26
new claims (33-59) to the '844 patent, and the Patent Office also
confirmed these new claims as valid and patentable. The Patent
Office rejected only independent claim 12 and related dependent
claims 13-14 as unpatentable. Palomar has cancelled these claims
12-14 from the '844 patent in order to expedite the re-examination
proceeding. Claims 4, 5, 9, 10, 15, 16, 21-26, 29 and 31 are not
under re-examination. Consequently, all currently pending claims
are valid. Palomar and Massachusetts General Hospital ("MGH") are
suing Candela for willful infringement of the '844 patent in the
U.S. District Court for the District of Massachusetts. On November
17, 2008, the lawsuit was stayed by the Court pending the outcome
of the re-examination proceeding of the '844 patent and the
re-examination proceeding of U.S. Patent No. 5,595,568 ("the '568
patent"). Palomar will seek a re-start of the lawsuit given the
allowance of all currently pending claims in the '844 patent. The
re-examination of the '568 patent is ongoing and no office action
has yet been issued. 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 Syneron, Inc. in
the United States. Chief Executive Officer Joseph P. Caruso
commented, "We are very pleased with the office action issued by
the U.S. Patent Office as we have always believed in the strength
of this patent family. We are especially pleased with the speed
with which this re-examination was handled. Defendants often
request re-examination purely to cause long delays of patent
infringement lawsuits. We look forward to re-starting the patent
infringement lawsuit against Candela as quickly as possible." Mr.
Caruso continued, "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, "We are pleased but not surprised by the U.S. Patent
Office's position which supports our belief in the strength of the
'844 patent. The cancellation of claims 12-14 will have no effect
on our current licensees or on our ability to enforce and license
the '844 patent. Importantly, the addition of 26 new claims to the
'844 patent further strengthens our patent position. We remain
confident in our ability to successfully enforce the '844 patent
against both Candela and Syneron, Inc." Ms. Davis continued, "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. 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, Inc., 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. Contact: 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/
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