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Miles
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CoolTouch Inc. Settles Diomed Holdings, Inc. (DIO) Lawsuit, Files Re-examination Request for Cynosure '873 Patent


4/13/2009 7:37:43 AM

ROSEVILLE, Calif., April 13 /PRNewswire/ -- On April 7, 2009, the Boston District Court dismissed the "Diomed" lawsuit between Endolaser Associates, LLC and CoolTouch Inc. after CoolTouch signed a settlement agreement with Dr. Luis Navarro. This patent infringement suit was originally filed in 2004 and relates to the use of lasers for endovenous ablation. CoolTouch will license the '777 Navarro patent and pay royalties on CTEV laser sales and accessories that potentially allow vein wall contact with the emitting part of the fiber.

CoolTouch CEO David R. Hennings states, "We have reached an agreement that recognizes the inventor's pioneering work in the field of endovenous laser ablation and makes business sense for CoolTouch."

In another patent matter, CoolTouch, working with the Boston law firm of McCarter & English LLP, has filed a re-examination request with the U.S. Patent Office of the '873 Paolini laser lipolysis patent assigned to Cynosure, which is the subject of litigation between the parties. CoolTouch requests the re-examination based on prior art by Dr. David Apfelberg and by Mr. David Hennings. CoolTouch has filed for a stay in the litigation until the patent office rules on the validity of this patent. Over 70% of re-examinations by the Patent Office result in claim rejections.

Until the stay is accepted, CoolTouch is confident that the court will also rule in its favor on the issue of non-infringement. On Dec. 22, 2008, the court's Markman ruling rejected Cynosure's attempts to define "adjacent" to mean "in the vicinity of" the tip of the needle. The court said that "adjacent" means "next to" the tip of the needle. The CoolTouch CoolLipo(TM) device uses a fiber that extends 5mm beyond the tip of the cannula and is clearly not "next to" the tip of the cannula.

Recently, the patent office has published two new CoolTouch patent applications that relate to laser-assisted lipolysis. These new patent applications are continuations-in-part of issued patent No. 7,217,265 filed in May 2005, and cover laser lipolysis devices such as thermal sensing, suction handpieces and placement of the fiber optic in direct contact with the tissue.

About CoolTouch

CoolTouch Inc. is a leading U.S.-based developer and manufacturer of innovative, advanced laser products for medical professionals. Engineering and science-based, CoolTouch is considered a pioneer in the medical and aesthetics technology industry. In 1994, CoolTouch introduced the first 1320 nm wavelength laser to medical professionals for non-ablative wrinkle treatment. CoolTouch continued to set new standards in the industry with the launch of CoolTouch CTEV in 2004 for varicose vein treatment and with CoolLipo for laser lipolysis and skin tightening in 2007. CoolTouch products are FDA-cleared and are manufactured in Roseville, Calif. For more information: www.cooltouch.com

CONTACT: Leslie Newman, +1-916-677-1900, for CoolTouch Inc.

Web site: http://www.cooltouch.com/



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