Solta Medical, Inc. and Alma Lasers Resolve Patent Lawsuits
Published: May 11, 2010
The lawsuit was originally filed on April 26, 2007 in the U.S. District Court in Delaware by Alma Lasers seeking a declaration that nine Thermage patents were invalid and not infringed. Solta Medical filed counterclaims alleging that certain Alma systems for non-invasively treating skin infringed 11 of its patents, and sought damages and injunctive relief. The patents addressed in the lawsuit cover methods and devices for tightening skin and achieving other beneficial improvements in skin and tissue structures, all without damaging the skin surface. Alma subsequently filed counterclaims alleging that all 11 patents which were asserted were not infringed and were not valid.
Terms of the Agreement
As a result of the agreement, Solta Medical and Alma are dismissing their respective litigation claims and have granted each other a covenant not to sue under certain of their respective patents and patent applications, including all the patents involved in the litigation. In addition, Alma paid Solta Medical a one time payment of $2.25 million. Solta Medical excluded from the covenant any rights to utilize monopolar RF which utilizes a passive return electrode. Additional terms of the settlement remain confidential.
"We are pleased we were able to reach an amicable settlement while protecting our propriety position in monopolar technology, one of the key components used to create deep, uniform volumetric heating," said Stephen J. Fanning, Chairman of the Board, President and CEO of Solta Medical, Inc. "Solta Medical has invested more than 14 years developing, validating, and creating a strong IP portfolio and we will continue to invest in the scientific research needed to develop new, non-invasive aesthetic procedures." Solta Medical currently holds 80 United States patents, and has additional patents issued and pending worldwide.
Dr. Ziv Karni, President and Chief Executive Officer of Alma Lasers said, "We are delighted to have resolved our litigation with Solta Medical and to have obtained the covenant not to sue under Solta Medical's patents. We are also pleased that Solta Medical appreciated the value inherent in our BiPolar and UniPolar Radio Frequency technology and as a result we were able to mutually resolve our dispute. "
ABOUT SOLTA MEDICAL, INC.
Solta Medical is a global leader in the medical aesthetics market providing innovative, safe, and effective anti-aging solutions for patients that enhance and expand the practice of medical aesthetics for physicians. The company offers products to address a range of skin issues under the industry's three premier brands: Thermage®, Fraxel® and Isolaz®. Thermage is an innovative, non-invasive radiofrequency procedure for tightening and contouring skin. As the leader in fractional laser technology, Fraxel delivers minimally invasive clinical solutions to resurface aging and sun damaged skin. Isolaz is the only laser or light based system indicated for the treatment of inflammatory acne, comedonal acne, pustular acne, and mild-to-moderate inflammatory acne. Since 2002, approximately one million Thermage, Fraxel and Isolaz procedures have been performed in over 100 countries. For more information about Solta Medical, call 1-877-782-2286 or log on to www.solta.com.
ABOUT ALMA LASERS
Alma Lasers is a global developer, manufacturer and provider of laser, light-based, radiofrequency and ultrasound devices for aesthetic and medical applications. Alma Lasers has been at the forefront of innovative multi-technology / multi-application systems designed to meet the unique needs of today's practitioners. Alma's mission is to provide modular, cost-effective and high-performance systems that enable practitioners to confidently offer safe, effective and profitable aesthetic treatments to their patients. For more information about Alma Lasers, please call 1-866-414-2562 or log on to www.almalasers.com.