Palomar Medical Technologies, Inc. (NASDAQ: PMTI), a leading
researcher and developer of light-based systems for aesthetic
treatments, and Syneron Medical Ltd. (NASDAQ: ELOS), the leading
global aesthetic device company, today announced that they have
entered into a comprehensive settlement agreement ending the patent
disputes between the companies on mutually agreeable terms. The
comprehensive settlement agreement includes two Non-Exclusive
Patent License Agreements by Palomar with Candela Corporation
(acquired by Syneron in January 2010) and Syneron.
Under the first Agreement, Palomar grants to Candela and Syneron
a non-exclusive, worldwide, fully paid-up, irrevocable license to
U.S. Patent Nos. 5,735,844 and 5,595,568 and foreign counterparts
for their professional laser- and lamp-based hair removal systems.
Under this Agreement, Candela and Syneron will pay Palomar $31
million by September 19, 2011. In addition, Palomar will receive a
royalty-free license to certain Candela patents.
Under the second Agreement, Palomar will grant to Syneron and
affiliates a non-exclusive, royalty bearing, license in the United
States to U.S. Patent Nos. 5,735,844 and 5,595,568 for consumer
home-use lamp-based hair removal products. Syneron will pay Palomar
on sales in the United States a 5.0 percent royalty up to an
undisclosed amount of cumulative sales, then 6.5 percent up to the
next undisclosed amount of cumulative sales, and 7.5 percent on all
cumulative sales thereafter. In addition, Palomar will receive a
royalty-free license to certain Syneron and Candela patents.
Louis P. Scafuri, Chief Executive Officer of Syneron, commented,
"We are pleased to reach a mutually beneficial settlement that
effectively ends the patent disputes between Syneron and Palomar.
Syneron has a very strong balance sheet and we believe this fully
paid-up license is a strategically beneficial utilization of our
cash. It eliminates our exposure to continued legal liability in
the matter, does not require any additional payments for
professional hair removal systems, and supports our ongoing efforts
to improve the Company's gross and operating margins."
Patricia Davis, Senior Vice President and General Counsel of
Palomar, commented, "Licensing these patents to Candela and Syneron
further substantiates the strength of these patents. Palomar
intends to continue its strategy of vigorously enforcing our patent
position."
Joseph P. Caruso, President and Chief Executive Officer of
Palomar, commented, "Palomar pioneered the cosmetic light-based
industry with the first high-powered laser hair removal system in
1997. Since then, this industry has become one of the fastest
growing segments in the medical industry with hair removal
procedures being the most popular cosmetic light-based procedure
performed today. Our intellectual property strategy has proved to
be a valuable asset for our shareholders and we will continue to
focus on expanding our intellectual property in the future."
Under Palomar's license agreement with the General Hospital
Corporation, Palomar will pay to the General Hospital Corporation
40% of all payments from Candela and Syneron excluding
reimbursement of Palomar's legal costs.
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.
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.
Palomar Forward Looking Statements
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.
Syneron 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.
Palomar Investor Contact: Kerry McAnistan Investor
Relations Assistant Palomar Medical Technologies, Inc. (781)
993-2411 Email Contact Syneron Contacts: Asaf Alperovitz
Chief Financial Officer + 972 73 244 2283 Email: Email Contact Zack
Kubow The Ruth Group 646-536-7020 Email: Email Contact
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