WESTFORD, Mass., March 3 /PRNewswire-FirstCall/ -- Cynosure, Inc. , a leading developer and manufacturer of a broad array of light-based aesthetic treatment systems, announced today that the United States District Court for the District of Massachusetts has issued a favorable set of rulings in a Markman hearing in the company’s patent infringement lawsuit against CoolTouch Inc.
The lawsuit alleges that CoolTouch’s 1320 nm CoolLipo(TM) laser system infringes on U.S. Patent No. 6,206,873 (the 873 patent), which relates to methods for liquefying and removing subcutaneous fat cells through the use of laser energy. Cynosure is the exclusive licensee of the 873 patent, which is a fundamental component of the Smartlipo(TM) LaserBodyScuplting(SM) Workstation. The 873 patent is owned by the company’s largest shareholder, El.En. S.p.A.
The purpose of a Markman hearing is for the court to determine the meaning and scope of the patent claims that the plaintiff asserts are being infringed. In Cynosure’s lawsuit, the meaning of four terms used in the 873 patent was contested by CoolTouch. In each instance, U.S. District Judge Nathaniel M. Gorton ruled in Cynosure’s favor regarding how those terms should be properly construed at trial.
“Judge Gorton’s Memorandum & Order in the Markman hearing supports our position regarding the definition and scope of the 873 patent,” said Cynosure President and Chief Executive Officer Michael Davin. “In particular, the court rejected CoolTouch’s argument that the patent does not cover a laser where the laser fiber extends beyond the end of the cannula. We are pleased with the outcome of the hearing, which we believe reinforces the intellectual property behind our laser lipolysis technology.”
Smartlipo is a groundbreaking system designed as an alternative to traditional liposuction in patients with areas of localized fat. Cynosure received U.S. Food and Drug Administration clearance to market the Smartlipo workstation in the fourth quarter of 2006. The product, which was launched in early 2007, uses a 1064 nm Nd:YAG laser to deliver energy directly to subcutaneous fat cells, causing them to rupture. The emitted fat-melting energy also coagulates tissue, thus inducing collagen retraction and tissue tightening.
Other key rulings in the Markman hearing concerned terms in CoolTouch’s three patents that it has accused Cynosure of infringing. Following the rulings, CoolTouch’s infringement claims under two of those patents, U.S. Patent No. 7,217,265 (concerning the treatment of cellulite) and U.S. Patent No. 6,451,007 (concerning post-cooling of tissue), were dismissed with prejudice. Dismissal with prejudice means that CoolTouch cannot bring the same claims against Cynosure again.
“In light of these positive rulings, we look forward to continuing to vigorously defend our IP position as we advance to the next phase of our patent infringement case,” Davin said.
About Cynosure, Inc.
Cynosure, Inc. develops and markets aesthetic treatment systems that are used by physicians and other practitioners to perform non-invasive and minimally invasive procedures to remove hair, treat vascular and pigmented lesions, rejuvenate the skin, liquefy and remove unwanted fat through laser lipolysis and temporarily reduce the appearance of cellulite. Cynosure’s products include a broad range of laser and other light-based energy sources, including Alexandrite, pulsed dye, Nd:YAG and diode lasers, as well as intense pulsed light. Cynosure was founded in 1991.
For corporate or product information, contact Cynosure at 800-886-2966, or visit www.cynosure.com.
Safe Harbor
Any statements in this press release about future expectations, plans and prospects for Cynosure, Inc., including statements related to the outcome of the Markman hearing in the company’s lawsuit against CoolTouch Inc., as well as other statements containing the words “believes,” “anticipates,” “plans,” “expects,” “will” and similar expressions, constitute forward-looking statements within the meaning of The Private Securities Litigation Reform Act of 1995. Actual results may differ materially from those indicated by such forward-looking statements as a result of various important factors, including Cynosure’s reliance on sole source suppliers, the inability to accurately predict the timing or outcome of regulatory decisions, changes in consumer preferences, competition in the aesthetic laser industry, economic, market, technological and other factors discussed in Cynosure’s most recent Annual Report on Form 10-K, which is filed with the Securities and Exchange Commission. In addition, the forward-looking statements included in this press release represent Cynosure’s views as of the date of this press release. Cynosure anticipates that subsequent events and developments will cause its views to change. However, while Cynosure may elect to update these forward-looking statements at some point in the future, it specifically disclaims any obligation to do so. These forward-looking statements should not be relied upon as representing Cynosure’s views as of any date subsequent to the date of this press release.
CONTACT: Scott Solomon, Vice President of Sharon Merrill Associates, Inc.,
+1-617-542-5300, cyno@investorrelations.com
Web site: http://www.cynosure.com/
