MONTGOMERYVILLE, Pa. and CARLSBAD, Calif., Feb. 17 /PRNewswire-FirstCall/ -- PhotoMedex, Inc. , today issued an update on the progress of its civil action against Carlsbad, CA-based RA Medical Systems, Inc. and its founder Dean Irwin, PhotoMedex’ former vice president of engineering.
In January 2004, PhotoMedex brought an action against RA Medical and Irwin in the United States District Court for the Southern District of California. The action was brought for false advertising under the Lanham Act and the California Business and Professions Code and for unfair competition. Continuing settlement discussions in this case were terminated when PhotoMedex withdrew from those discussions on December 17, 2004 because PhotoMedex considered the nature of the process to be flawed. However, PhotoMedex did not withdraw any of its pending claims at that time, and the Court has ordered on Monday, February 14, 2005 that the suit should go forward to trial.
Patent infringement is not one of PhotoMedex’s claims in this suit, and there is no patent-at-suit. PhotoMedex will take any and all appropriate action available to it to defend itself against any party that infringes its patents or that engages in unfair trade practices.
About PhotoMedex:
PhotoMedex provides contract medical procedures to hospitals, surgi-centers and doctors’ offices, offering a wide range of products and services across multiple specialty areas, including dermatology, urology, gynecology, orthopedics and other surgical specialties. The company is a leader in the development, manufacturing and marketing of medical laser products and services.
SAFE HARBOR STATEMENT
Some paragraphs of this press release, particularly those describing PhotoMedex’ strategies, contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1993, as amended and Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. While PhotoMedex is working to achieve those goals and strategies, actual results could differ materially from those projected in the forward-looking statements as a result of a number of factors, including difficulties in marketing its products and services, need for capital, competition from other companies and other factors, any of which could have an adverse effect on the business plans of PhotoMedex, its reputation in the industry or its expected financial return from operations. Factors such as these could have an adverse effect on PhotoMedex’ results of operations. In light of significant uncertainties inherent in forward-looking statements included herein, the inclusion of such statements should not be regarded as a representation by PhotoMedex and its subsidiaries that they will achieve such forward-looking statements.
Contacts: Allen & Caron PhotoMedex, Inc. Matt Clawson (investors) Dennis McGrath, CFO 949-474-4300 215-619-3287 matt@allencaron.cominfo@photomedex.com
PhotoMedex, Inc.
CONTACT: Dennis McGrath, CFO of PhotoMedex, Inc., +1-215-619-3287,info@photomedex.com; or investors, Matt Clawson of Allen & Caron,+1-949-474-4300, matt@allencaron.com, for PhotoMedex, Inc.