BRISBANE, Calif., Dec. 13 /PRNewswire-FirstCall/ -- Cutera, Inc. , a leading provider of laser and other light-based aesthetic systems for practitioners worldwide, today announced that it will ask the court to set an early trial date at a January 12, 2006 conference in its patent infringement action with Palomar Medical Technology, Inc.
The U.S. District Court, District of Massachusetts issued a ruling yesterday on Cutera’s summary judgment motion, paving the way for Cutera to present its defenses of non-infringement and invalidity at a jury trial. The judge, concluding that there were still material facts in dispute between the parties, has deferred resolution of these issues to a jury.
In its lawsuit, Palomar is alleging that Cutera’s laser-based hair-removal products infringe three of the thirty-two claims of U.S. Patent No. 5,735,844. Cutera believes that its products do not infringe those patent claims, and that that entire patent should be invalidated.
Kevin Connors, Cutera’s CEO and president, commented, “We have the broadest range of product offerings in this industry, spanning multiple applications and several different technology platforms -- including different platforms for hair-removal solutions. For almost four years, Palomar has been attempting to disrupt our sales of laser-based hair-removal products. We are eager to get our story in front of a jury, and remain confident in a positive outcome.”
About Cutera, Inc.
Brisbane, California-based Cutera is a leading provider of laser and other light-based aesthetic systems to the professional aesthetic market. Since 1998, Cutera has been developing innovative, easy-to-use products that enable dermatologists, plastic surgeons, gynecologists, primary care physicians and other qualified practitioners to offer safe, effective and non-invasive aesthetic treatments to their patients. For more information, call 1-888-4CUTERA or visit www.cutera.com
This press release contains forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Specifically, statements concerning the outcome of Cutera’s patent litigation with Palomar Medical Technologies are forward-looking statements within the meaning of the Safe Harbor. Forward-Looking statements are based on management’s current, preliminary expectations and are subject to risks and uncertainties, which may cause Cutera’s actual results to differ materially from the statements contained herein. Further information on potential risk factors that could affect Cutera’s business and its financial results are detailed in its most recent 10-K and 10-Q as filed with the Securities and Exchange Commission. Undue reliance should not be placed on forward-looking statements, which speak only as of the date they are made. Cutera undertakes no obligation to update publicly any forward-looking statements to reflect new information, events or circumstances after the date they were made, or to reflect the occurrence of unanticipated events.
Cutera, Inc.
CONTACT: Ron Santilli, Chief Financial Officer of Cutera, Inc.,+1-415-657-5500; or Investor Relations, John Mills of Integrated CorporateRelations, Inc., +1-310-395-2215, or jmills@icrinc.com, for Cutera, Inc.
Web site: http://www.cutera.com/
