U.S. District Court Dismisses Most of Palomar's Claims Against Candela
April 27 2011 - 9:00AM
Marketwired
Syneron Medical Ltd. (NASDAQ: ELOS), the global leader in the
medical aesthetic device marketplace, announced that on April 26,
2011, the U.S. District Court in Massachusetts ruled that Candela
Corporation does not infringe eleven of the twelve patent claims at
issue in a patent infringement action brought by Palomar Medical
Technologies, Inc. (NASDAQ: PMTI) and Massachusetts General
Hospital (MGH). U.S. District Judge Rya Zobel granted Candela's
motion for summary judgment, finding no infringement as a matter of
law of claims 1-8, 19-20, and 27 of U.S. Patent No. 5,735,844. As a
result, these eleven claims are no longer a part of the case before
the District Court. The Court denied Candela's motion regarding
claim 32 of the '844 patent, finding that there are factual issues
concerning infringement and validity of that specific claim.
"We are elated with the Court's ruling," stated Louis P.
Scafuri, Chief Executive Officer of Syneron. "The Judge's decision
that the Candela products do not infringe virtually all of the
claims asserted by Palomar is a significant victory for Candela. We
are confident that the single remaining Palomar claim, method claim
32 of the '844 patent, will be defeated at trial once the facts are
presented in Court."
James Hsia, Candela's Chief Technology Officer, added, "Candela
has always been certain that it does not infringe any valid claim
of the MGH hair removal patents, and this decision vindicates our
position."
"I believe that Judge Zobel's decision in support of Candela is
an important milestone and should be read carefully by anyone
interested in the legal validity of the MGH patents, especially the
viability of the surviving method claim 32," added Shimon Eckhouse,
Chairman of Board of Syneron. "We are particularly encouraged
because yesterday's decision follows a positive outcome from the
April 14, 2011 claim construction order in a separate patent
infringement action brought against Syneron by Palomar. In this
order, the District Court adopted Syneron's position that claims
8-10, 14, 18, 19, and 20 of U.S. patent 5,595,568 and claims 27 and
41 of the '844 patent are limited to lasers. This ruling supports
the conclusion that Syneron's ELOS, broadband, incoherent light and
RF devices do not infringe the '568 and '844 patents."
About Syneron Medical Ltd. Syneron Medical Ltd. (NASDAQ: ELOS)
is the leading global aesthetic device company with a comprehensive
product portfolio and a global distribution footprint. The
Company's technology enables physicians to provide advanced
solutions for a broad range of medical-aesthetic applications
including body contouring, hair removal, wrinkle reduction,
rejuvenation of the skin's appearance through the treatment of
superficial benign vascular and pigmented lesions, and the
treatment of acne, leg veins and cellulite. The Company sells its
products under two distinct brands, Syneron and Candela. Founded in
2000, the corporate, R&D, and manufacturing headquarters for
Syneron Medical Ltd. are located in Israel. Syneron also has
R&D and manufacturing operations in the US. The Company markets
and services and supports its products in 90 countries. It has
offices in North America, France, Germany, Italy, Portugal, Spain,
UK, Australia, China, Japan, and Hong Kong and distributors
worldwide. Additional information can be found at
www.syneron.com.
SAFE HARBOR FOR FORWARD-LOOKING STATEMENTS
Any statements contained in this document regarding future
expectations, beliefs, goals, plans or prospects constitute
forward-looking statements within the meaning of the Private
Securities Litigation Reform Act of 1995. Further, any statements
that are not statements of historical fact (including statements
containing "believes," "anticipates," "plans," "expects," "may,"
"will," "would," "intends," "estimates" and similar expressions)
should also be considered to be forward-looking statements. There
are a number of important factors that could cause actual results
or events to differ materially from those indicated by such
forward-looking statements, including the risk that the businesses
of Syneron and Candela may not be integrated successfully; the risk
that the merger transaction with Candela may involve unexpected
costs or unexpected liabilities; the risk that synergies from the
merger transaction may not be fully realized or may take longer to
realize than expected; the risk that disruptions from the merger
transaction make it more difficult to maintain relationships with
customers, employees, or suppliers; as well as the risks set forth
in Syneron Medical Ltd.'s most recent Annual Report on Form 20-F,
and the other factors described in the filings that Syneron Medical
Ltd. makes with the SEC from time to time. If one or more of these
factors materialize, or if any underlying assumptions prove
incorrect, Syneron Medical Ltd.'s actual results, performance or
achievements may vary materially from any future results,
performance or achievements expressed or implied by these
forward-looking statements.
In addition, the statements in this document reflect the
expectations and beliefs of Syneron Medical Ltd. as of the date of
this document. Syneron Medical Ltd. anticipates that subsequent
events and developments will cause its expectations and beliefs to
change. However, while Syneron Medical Ltd. may elect to update
these forward-looking statements publicly in the future, it
specifically disclaims any obligation to do so. The forward-looking
statements of Syneron Medical Ltd. do not reflect the potential
impact of any future dispositions or strategic transactions that
may be undertaken. These forward-looking statements should not be
relied upon as representing Syneron Medical Ltd.'s views as of any
date after the date of this document.
Contacts: Asaf Alperovitz Chief Financial Officer + 972 73 244
2283 Email: Email Contact Nick Laudico/Zack Kubow The Ruth Group
646-536-7030/7020 Email: Email Contact / Email Contact
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