Cynosure Obtains Favorable Markman Rulings in Patent Infringement Case Against CoolTouch
March 03 2009 - 8:30AM
PR Newswire (US)
WESTFORD, Mass., March 3 /PRNewswire-FirstCall/ -- Cynosure, Inc.
(NASDAQ: CYNO), a leading developer and manufacturer of a broad
array of light-based aesthetic treatment systems, announced today
that the United States District Court for the District of
Massachusetts has issued a favorable set of rulings in a Markman
hearing in the company's patent infringement lawsuit against
CoolTouch Inc. The lawsuit alleges that CoolTouch's 1320 nm
CoolLipo(TM) laser system infringes on U.S. Patent No. 6,206,873
(the 873 patent), which relates to methods for liquefying and
removing subcutaneous fat cells through the use of laser energy.
Cynosure is the exclusive licensee of the 873 patent, which is a
fundamental component of the Smartlipo(TM) LaserBodyScuplting(SM)
Workstation. The 873 patent is owned by the company's largest
shareholder, El.En. S.p.A. The purpose of a Markman hearing is for
the court to determine the meaning and scope of the patent claims
that the plaintiff asserts are being infringed. In Cynosure's
lawsuit, the meaning of four terms used in the 873 patent was
contested by CoolTouch. In each instance, U.S. District Judge
Nathaniel M. Gorton ruled in Cynosure's favor regarding how those
terms should be properly construed at trial. "Judge Gorton's
Memorandum & Order in the Markman hearing supports our position
regarding the definition and scope of the 873 patent," said
Cynosure President and Chief Executive Officer Michael Davin. "In
particular, the court rejected CoolTouch's argument that the patent
does not cover a laser where the laser fiber extends beyond the end
of the cannula. We are pleased with the outcome of the hearing,
which we believe reinforces the intellectual property behind our
laser lipolysis technology." Smartlipo is a groundbreaking system
designed as an alternative to traditional liposuction in patients
with areas of localized fat. Cynosure received U.S. Food and Drug
Administration clearance to market the Smartlipo workstation in the
fourth quarter of 2006. The product, which was launched in early
2007, uses a 1064 nm Nd:YAG laser to deliver energy directly to
subcutaneous fat cells, causing them to rupture. The emitted
fat-melting energy also coagulates tissue, thus inducing collagen
retraction and tissue tightening. Other key rulings in the Markman
hearing concerned terms in CoolTouch's three patents that it has
accused Cynosure of infringing. Following the rulings, CoolTouch's
infringement claims under two of those patents, U.S. Patent No.
7,217,265 (concerning the treatment of cellulite) and U.S. Patent
No. 6,451,007 (concerning post-cooling of tissue), were dismissed
with prejudice. Dismissal with prejudice means that CoolTouch
cannot bring the same claims against Cynosure again. "In light of
these positive rulings, we look forward to continuing to vigorously
defend our IP position as we advance to the next phase of our
patent infringement case," Davin said. About Cynosure, Inc.
Cynosure, Inc. develops and markets aesthetic treatment systems
that are used by physicians and other practitioners to perform
non-invasive and minimally invasive procedures to remove hair,
treat vascular and pigmented lesions, rejuvenate the skin, liquefy
and remove unwanted fat through laser lipolysis and temporarily
reduce the appearance of cellulite. Cynosure's products include a
broad range of laser and other light-based energy sources,
including Alexandrite, pulsed dye, Nd:YAG and diode lasers, as well
as intense pulsed light. Cynosure was founded in 1991. For
corporate or product information, contact Cynosure at 800-886-2966,
or visit http://www.cynosure.com/. Safe Harbor Any statements in
this press release about future expectations, plans and prospects
for Cynosure, Inc., including statements related to the outcome of
the Markman hearing in the company's lawsuit against CoolTouch
Inc., as well as other statements containing the words "believes,"
"anticipates," "plans," "expects," "will" and similar expressions,
constitute forward-looking statements within the meaning of The
Private Securities Litigation Reform Act of 1995. Actual results
may differ materially from those indicated by such forward-looking
statements as a result of various important factors, including
Cynosure's reliance on sole source suppliers, the inability to
accurately predict the timing or outcome of regulatory decisions,
changes in consumer preferences, competition in the aesthetic laser
industry, economic, market, technological and other factors
discussed in Cynosure's most recent Annual Report on Form 10-K,
which is filed with the Securities and Exchange Commission. In
addition, the forward-looking statements included in this press
release represent Cynosure's views as of the date of this press
release. Cynosure anticipates that subsequent events and
developments will cause its views to change. However, while
Cynosure may elect to update these forward-looking statements at
some point in the future, it specifically disclaims any obligation
to do so. These forward-looking statements should not be relied
upon as representing Cynosure's views as of any date subsequent to
the date of this press release. DATASOURCE: Cynosure, Inc. CONTACT:
Scott Solomon, Vice President of Sharon Merrill Associates, Inc.,
+1-617-542-5300, Web Site: http://www.cynosure.com/
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