Mercantile Court in Spain Rules in ZELTIQ® Aesthetics Patent Infringement Lawsuit Against Clinipro
January 30 2013 - 9:11AM
Business Wire
ZELTIQ® Aesthetics, Inc. (Nasdaq: ZLTQ), a medical technology
company focused on developing and commercializing products
utilizing its proprietary controlled-cooling technology platform,
today announced that the Mercantile Court in Spain rendered its
ruling on the merits of ZELTIQ’s and Massachusetts General
Hospital’s (MGH) request for a permanent injunction against
Clinipro’s LipoCryo device based on Clinipro’s infringement of two
European patents owned by MGH and globally licensed exclusively to
ZELTIQ and denied the request.
ZELTIQ is a global medical device company that has developed an
innovative, noninvasive, clinically proven procedure that
selectively reduces fat through controlled cooling. Its
CoolSculpting® technology is protected by numerous patents and
trademarks around the world.
ZELTIQ and MGH filed suit against Clinipro in March 2012
alleging infringement by Clinipro of two European patents licensed
by ZELTIQ from MGH and requested an injunction against further
sales of Clinipro’s LipoCryo device. After hearing a petition in
April 2012, the Mercantile Court granted ZELTIQ’s and MGH’s request
for a preliminary injunction against further importation,
distribution, and sales of Clinipro's LipoCryo device in Spain. The
Mercantile Court subsequently scheduled a trial which was completed
October 2012. ZELTIQ is being represented by Salvador Ferrandis
& Partners. The Mercantile Court’s ruling is fully appealable
and affects only Clinipro’s activities in Spain.
ZELTIQ has also filed a separate patent infringement lawsuit
against Clinipro in France. Veron & Associes is representing
ZELTIQ and MGH in this matter and the trial is expected to begin in
April.
“We are disappointed in the Mercantile Court’s decision as our
legal team and outside counsel were anticipating that the Court
would follow its previous decision of granting our request for a
preliminary injunction,” commented Mark Foley, President and Chief
Executive Officer of ZELTIQ. “ZELTIQ and MGH intend to appeal this
ruling immediately and, along with our outside counsel, we are
confident that we will ultimately prevail. We remain steadfast in
our commitment to vigorously enforce our intellectual property
rights and will continue to partner with MGH to aggressively assert
our rights.”
Mr. Foley continued, “More importantly, our proprietary
CoolSculpting® system is uniquely engineered to monitor, deliver
and maintain a precise cooling temperature – features which are not
found in copycat systems such as those manufactured by Clinipro. In
the absence of temperature monitoring, patients are either
subjected to temperatures that are too cold, which introduces
safety risks such as freeze burn, or temperatures that simply are
not sufficiently cold and, as a result, the procedure does not
work. Copycat systems are looking to profit on our pioneering and
innovative technology in the cryolipolysis field, with products
that do not provide patients the safety and performance results
that they have come to expect. CoolSculpting® continues to be the
market leader and is the only cold-based, non-surgical fat
reduction and body contouring treatment that is FDA-cleared. With
nearly 500,000 procedures to date worldwide, we have unrivaled
clinical experience in this area and intend to protect our
technology, physician practices, and patients from inferior
products.”
About ZELTIQ® Aesthetics, Inc.
ZELTIQ is a medical technology company focused on developing and
commercializing products utilizing its proprietary
controlled-cooling technology platform. ZELTIQ’s first commercial
product, the CoolSculpting® System, is designed to selectively
reduce stubborn fat bulges that may not respond to diet or
exercise. CoolSculpting® is based on the scientific principle that
fat cells are more sensitive to cold than the overlying skin and
surrounding tissues. CoolSculpting® utilizes patented technology of
precisely controlled cooling to reduce the temperature of fat cells
in the treated area, which is intended to cause fat cell
elimination through a natural biological process known as
apoptosis, without causing scar tissue or damage to the skin,
nerves, or surrounding tissues. ZELTIQ developed CoolSculpting® to
safely, noticeably, and measurably reduce the fat layer within a
treated fat bulge without requiring the patient to diet or
exercise.
Forward-Looking Statements
The statements in this press release regarding the future
actions and expectations regarding litigation designed to protect
ZELTIQ’s intellectual property rights are forward-looking
statements that involve known and unknown risks, uncertainties and
other factors that are, in some cases, beyond ZELTIQ’s control.
Factors that could cause these statements not to come true include,
but are not limited to: risks inherent in litigation, including
that the court or deciding body may disagree with ZELTIQ’s
interpretation of the law or the facts; court actions may be
delayed for reasons beyond ZELTIQ’s control; additional information
may come to ZELTIQ’s attention that could cause ZELTIQ to change
its litigation plans or strategies; as well as those other risks
and uncertainties set forth in ZELTIQ’s Quarterly Report on Form
10-Q for the fiscal quarter ended September 30, 2012, filed with
the Securities and Exchange Commission on November 8, 2012. These
forward-looking statements speak only as of the date of this press
release. ZELTIQ expressly disclaims any obligation to update
information contained in these forward-looking statements whether
as a result of new information, future events, or otherwise.
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