STRATA Skin Sciences Announces Favorable Court Order in Complaint Against LaserOptek, Monarch Laser Services, and The Pinnacle Health Group
November 11 2024 - 8:15AM
STRATA Skin Sciences, Inc. (“STRATA” or the “Company”) (NASDAQ:
SSKN), a medical technology company dedicated to developing,
commercializing, and marketing innovative products for the
treatment of dermatologic conditions, announces that the United
States District Court for the Eastern District of Pennsylvania
entered a court order in favor of the Company in its complaint
against LaserOptek America Corp. (“LaserOptek”), Monarch Aesthetic
Services, Inc. d/b/a Monarch Laser Services (“MLS”), and The
Pinnacle Health Group (“Pinnacle”), collectively referred to as the
“Defendants.”
On August 19, 2024, STRATA filed a Complaint and
a Motion for a Preliminary Injunction against the Defendants,
citing unfair competition under federal and state laws regarding
the marketing and sales of LaserOptek’s Pallas lasers in the United
States. On November 8, 2024, the United States District Court for
the Eastern District of Pennsylvania entered a court order pursuant
to which:
- LaserOptek and The Pinnacle Health
Group, their employees, agents, sales representatives,
distributors, officers, directors, and all those acting at their
direction are enjoined from engaging in any sales, advertising,
marketing or promotion of Pallas lasers that states or implies,
directly or indirectly, that treatments with Pallas laser systems
are reimbursable using CPT Codes 96920-96922; and
- LaserOptek and The Pinnacle Health
Group, their employees, agents, sales representatives,
distributors, officers, directors, and all those acting at their
direction are further barred from engaging in any sales,
advertising, marketing or promotion of Pallas lasers in the United
States that includes any false or misleading statements regarding
the Pallas lasers or STRATA’s lasers
The court order was issued following a joint
stipulation by the parties and as a partial conclusion of STRATA’s
motion for a preliminary injunction. STRATA will continue pursuing
its claims for equitable and monetary relief from LaserOptek and
other parties acting in concert with them.
STRATA President and CEO Dr. Dolev Rafaeli
commented, “We are satisfied with this partial resolution of our
preliminary injunction demands, as it saves both parties time and
resources. We look forward to the outcome of the litigation, as we
intend to vigorously defend users, patients and our own partner
clinics from the damaging use of a non-excimer laser that seeks
reimbursement under the CPT codes established over 20 years ago and
re-affirmed for exclusive use of treatments with excimer lasers by
the American Medical Association CPT board. The attempt by
distributors and sellers of technologies that are neither
clinically proven nor comparable to our XTRAC® excimer laser
technology to mislead current and potential users, while making
false technological and efficacy claims, puts providers at risk of
an unethical use of the CPT codes. To protect the integrity of our
products, intellectual property, and brand, as well as our clinical
partners and the underlying healthcare system, we are compelled to
take legal action in instances like this. In addition to the
potential harm to patients and providers, it is STRATA’s opinion
that the monetary and reputational damages incurred by STRATA from
the defendants’ behavior is significant and continues to mount, and
we will continue to pursue this legal course of action to address
this.”
LaserOptek, a Korean company publicly traded on
the KOSDAQ exchange, is the manufacturer of the Pallas line of
solid-state laser medical devices, and Pinnacle was engaged by
LaserOptek to provide advisory services regarding marketing of the
Pallas lasers and reimbursement of psoriasis treatment procedures
performed with Pallas lasers.
About STRATA Skin Sciences,
Inc.STRATA Skin Sciences is a medical technology company
dedicated to developing, commercializing, and marketing innovative
products for the in-office treatment of various dermatologic
conditions, such as psoriasis, vitiligo, and acne. Its products
include the XTRAC® excimer laser, VTRAC® lamp systems,
and the TheraClear®X Acne Therapy System.
STRATA is proud to offer these exciting
technologies in the U.S. through its unique Partnership Program.
STRATA’s popular partnership approach includes a fee per treatment
cost structure versus an equipment purchase, installation and use
of the device, on-site training for practice personnel, service and
maintenance of the equipment, dedicated account and customer
service associates, and co-op advertising support to help raise
awareness and promote the program within the practice.
Safe Harbor
This press release includes "forward-looking
statements" within the meaning of the Securities Litigation Reform
Act of 1995. These statements include but are not limited to the
Company’s plans, objectives, expectations and intentions and may
contain words such as “will,” “may,” “seeks,” and “expects,” that
suggest future events or trends. These statements, the Company’s
ability to launch and sell products recently acquired or to be
developed in the future, the Company’s ability to develop social
media marketing campaigns, direct to consumer marketing campaigns,
and the Company’s ability to build a leading franchise in
dermatology and aesthetics, are based on the Company’s current
expectations and are inherently subject to significant
uncertainties and changes in circumstances. Actual results may
differ materially from the Company’s expectations due to financial,
economic, business, competitive, market, regulatory, adverse market
conditions labor supply shortages, or supply chain interruptions
resulting from fiscal, political factors, international conflicts,
responses, or conditions affecting the Company, the medical device
industry and our customers and patients in general, as well as more
specific risks and uncertainties set forth in the Company’s SEC
reports on Forms 10-Q and 10-K. Given such uncertainties, any or
all these forward-looking statements may prove to be incorrect or
unreliable. The statements in this press release are made as of the
date of this press release, even if subsequently made available by
the Company on its website or otherwise. The Company does not
undertake any obligation to update or revise these statements to
reflect events or circumstances occurring after the date of this
press release. The Company urges investors to carefully review its
SEC disclosures available
at www.sec.gov and www.strataskinsciences.com.
Investor Contact:CORE
IR516-222-2560IR@strataskin.com
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