Palomar's Hair Removal Lawsuit Against Candela Stayed Pending Re-Examination By United States Patent Office
BURLINGTON, Mass., Nov. 18 /PRNewswire-FirstCall/ -- Palomar Medical
Technologies, Inc. (Nasdaq: PMTI) today announced that, yesterday, its lawsuit
against Candela Corporation for infringement of hair removal patents,
specifically U.S. Patent Nos. 5,595,568 and 5,735,844, was stayed pending
reexamination by the United States Patent and Trademark Office (the "Patent
Office"). Generally, a reexamination proceeding is one which re-opens patent
prosecution to insure that the claims in an issued patent are valid over prior
art references.
Palomar has sought to license companies throughout the industry, and the
filing of the request for reexamination was likely a response to these
efforts. Although many companies have licensed and agreed to the validity of
these patents, others continue to make arguments that the patents are invalid.
Palomar welcomes this opportunity to put these allegations to rest and have
the Patent Office review these patents again.
Requests for reexamination of patents are common and granted by the Patent
Office 92% of the time. The granting of a request for reexamination does not
indicate that the claims of the patents will be cancelled or altered in any
way.
In this particular instance, an anonymous third party filed the request
for reexamination and cited only a single prior art reference which was
previously cited during the prosecution of U.S. Patent No. 5,735,844. Neither
Candela nor any of the other parties that Palomar has previously sued has
relied on this reference. Palomar believes the arguments regarding invalidity
in the request for reexamination are baseless as well as factually and legally
incorrect. Palomar will respond to the reexamination, including by citing all
prior art which Candela and others have relied upon. At the end of process,
it should be clear, as Palomar and many of its licensees have already
concluded, that the patents are valid and cover fundamental technology.
The lawsuit will be delayed until the reexamination is complete.
About Palomar Medical Technologies, Inc.: Palomar is a leading researcher
and developer of light-based systems for cosmetic treatments. Palomar
pioneered the optical hair removal field, when, in 1997, it introduced the
first high-powered laser hair removal system. Since then, many of the major
advances in light-based hair removal have been based on Palomar technology. In
December 2006, Palomar became the first company to receive a 510(k)
over-the-counter (OTC) clearance from the United States Food and Drug
Administration (FDA) for a new, patented, home use, light-based hair removal
device. OTC clearance allows the product to be marketed and sold directly to
consumers without a prescription. There are now millions of light-based
cosmetic procedures performed around the world every year in physician
offices, clinics, spas and salons. Palomar is testing many new and exciting
applications to further advance the hair removal market and other cosmetic
applications. Palomar is focused on developing proprietary light-based
technology for introduction to the mass markets. Palomar has granted The
Procter & Gamble Company a non-exclusive License Agreement to certain patents,
technology and FDA documents related to the home-use, light-based hair removal
field for women. In addition, Palomar has an exclusive development and license
agreement with Johnson & Johnson Consumer Companies to develop and potentially
commercialize home-use, light-based devices for reducing or reshaping body fat
including cellulite, reducing the appearance of skin aging, and reducing or
preventing acne.
This press release contains forward-looking statements within the meaning
of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking
statements are based on the Company's current expectations, plans, intentions,
beliefs or predictions. These forward-looking statements are neither promises
nor guarantees, but involve risk and uncertainties that may individually or
mutually impact the matters herein, and cause actual results, events and
performance to differ materially from such forward-looking statements. These
risk factors include, but are not limited to, results of future operations,
technological difficulties in developing or introducing new products, the
results of future research, lack of product demand and market acceptance for
current and future products, the effect of economic conditions, challenges in
managing joint ventures and research with third parties and government
contracts, the impact of competitive products and pricing, governmental
regulations with respect to medical devices, including whether FDA clearance
will be obtained for future products and additional applications, the results
of litigation, including patent infringement lawsuits, difficulties in
collecting royalties, potential infringement of third-party intellectual
property rights, factors affecting the Company's future income and resulting
ability to utilize its NOLs, and/or other factors, which are detailed from
time to time in the Company's SEC reports, including the report on Form 10-K
for the year ended December 31, 2007 and the Company's quarterly reports on
Form 10-Q. Readers are cautioned not to place undue reliance on these
forward-looking statements, which speak only as of the date hereof. The
Company undertakes no obligation to release publicly the result of any
revisions to these forward-looking statements that may be made to reflect
events or circumstances after the date hereof or to reflect the occurrence of
unanticipated events.
Contacts: Kayla Castle
Investor Relations Manager
Palomar Medical Technologies, Inc.
781-993-2411
kcastle@palomarmedical.com