Palomar's Patent Infringement Lawsuit Against Candela Proceeds to Trial on October 4, 2011
May 19 2011 - 6:58PM
Palomar Medical Technologies, Inc. (Nasdaq:PMTI), a leading
researcher and developer of light-based systems for aesthetic
treatments, announced today that the trial of its patent
infringement lawsuit against Candela Corporation (acquired in 2010
by Syneron, Inc.) will start October 4, 2011 in the United States
District Court District of Massachusetts before Judge Zobel.
Yesterday, the Judge scheduled jury empanelment for October 3,
2011, with trial scheduled to begin the next day, October
4th. The trial is expected to run through October 12th.
Palomar has accused Candela of willful infringement of U.S.
Patent No. 5,735,844 ("the '844 patent"). Specifically,
Palomar is asserting method claim 32 of the '844
patent. Palomar is seeking royalty payments on past sales of
Candela's hair removal products in the United States and a
permanent injunction to prevent Candela's continued sales of these
products in the United States during the life of the '844
patent. In addition, Palomar is seeking a finding of willful
infringement and treble damages.
In a ruling issued on April 26, 2011, the Judge denied Candela's
motion for summary judgment that the '844 patent is invalid over
prior art. The ruling further denied Candela's motion for
summary judgment that Candela's products do not infringe claim 32
of the '844 patent. The Judge granted Candela's motion for
summary judgment with respect to non-infringement of independent
claims 1, 19 and 27 reducing the amount of damages that Palomar may
obtain at trial to damages arising from sales in the United
States. Following trial, Palomar may appeal the summary
judgment ruling.
Patricia Davis, Palomar's General Counsel and a registered
patent attorney, commented, "We are very happy finally to be going
to trial on this case. We are confident in our position and
are looking forward to presenting our case to the jury."
About Palomar Medical Technologies, Inc.:
Palomar is a leading researcher and developer of laser- and
light-based systems for aesthetic 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.
As a pioneer of fractional technology, Palomar is an owner of
fundamental intellectual property in this area. In December 2009,
Palomar received the first United States Food and Drug
Administration (FDA) clearance for the treatment of stretch marks
using a fractional non-ablative laser. In September 2010, Palomar
received the first FDA clearance for a fractional ablative and
fractional non-ablative combination treatment.
In December 2006, Palomar became the first company to receive a
510(k) over-the-counter (OTC) clearance from the 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 these
products to be marketed and sold directly to consumers without a
prescription. Palomar introduced the PaloVia™ Skin Renewing Laser™
in December 2010.
There are now millions of laser- and light-based aesthetic
procedures performed around the world every year in physician
offices, clinics, spas, salons, and homes. Palomar is testing
many new and exciting applications to further advance the aesthetic
market and other surgical applications.
For more information on Palomar and its products, visit
Palomar's website at palomarmedical.com.
With the exception of the historical information contained in
this release, the matters described herein contain forward-looking
statements, including, but not limited to, statements relating to
new markets, future royalty amounts due from third parties,
development and introduction of new products, and financial and
operating projections. 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, 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, 2010 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: Investor Contact:
Kerry McAnistan
Investor Relations Assistant
Palomar Medical Technologies, Inc.
(781) 993-2411
ir@palomarmedical.com
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