Court Rules in Favor of Syneron, Denying Thermage's Motion for Preliminary Injunction.YOKNEAM, Israel & TORONTO -- Syneron Medical Ltd. and Syneron Inc. (ELOS) won a significant legal victory in their defense of a patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. lawsuit brought by Thermage Inc. in the United States District Court for the Northern District of California The United States District Court for the Northern District of California is the Federal district court whose jurisdiction comprises following counties: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa . In the lawsuit, Thermage sought a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. against the sale of Syneron's Polaris WR wrinkle Wrinkle A feature of a new product or security intended to entice a buyer. treatment device in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . In a 12-page opinion, the court denied Thermage's motion for a preliminary injunction. The court found that Thermage had failed to establish a likelihood of success on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers and was therefore not entitled to a preliminary injunction. Moshe Mizrahy, Syneron's CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. , said that the company was "extremely pleased that the court found that Syneron's challenge to the validity of the patent at issue has substantial merit." The decision was particularly important to Syneron, the first and only company in the world to combine the use of light and radiofrequency ("RF") energy in a medical device for dermatological and medical aesthetic treatments. The court found that there was substantial merit to Syneron's position that Thermage's patent claim, which Thermage filed after it saw Syneron's products on the market, was not supported by the written description of the patent, and that Syneron had raised a substantial question regarding whether the claim was "enabled." The court also held that Thermage's patent claim was vulnerable to invalidation based on two prior art references. "The court clearly saw Thermage's action as an attempt to claim that which it did not invent, and rejected it," said Mizrahy. "Syneron will continue to vigorously defend itself against this lawsuit by Thermage who has chosen to litigate rather than compete in the market place," Mizrahy added. For more information, please contact Domenic Serafino, President, Syneron Inc., at Tel. (866) 259-6661 ext. 247, email: doms@syneron.com, or Moshe Mizrahy, CEO of Syneron Medical, at Tel. +972 4 909-6200, email: moshem@syneron-med.com. About Syneron Medical Ltd. Syneron Medical Ltd. manufactures and distributes medical aesthetic devices that are powered by the proprietary, patented ELOS combined-energy technology of Bi-Polar Radio Frequency and Light. The Company's innovative ELOS technology provides the foundation for highly effective, safe and cost-effective systems that enable physicians to provide advanced solutions for a broad range of medical-aesthetic applications including hair removal, wrinkle reduction, rejuvenating the skin's appearance through the treatment of superficial benign vascular and pigmented lesions, and the treatment of acne, leg veins and cellulite cel·lu·lite n. A fatty deposit causing a dimpled or uneven appearance, as around the thighs. Cellulite Cellulite is dimply skin caused by uneven fat deposits beneath the surface. . Founded in 2000, the corporate, R&D, and manufacturing headquarters for Syneron Medical Ltd. is located in Israel. Syneron has offices and distributors throughout the world including sales, service and support subsidiaries located in Toronto, Canada (Syneron Inc.) and Grunwald, Germany (Syneron GmbH). Please visit www.syneron.com. Syneron, the Syneron logo, Aurora, the Aurora logo, Polaris, the Polaris logo and ELOS are trademarks of Syneron Medical Ltd. and may be registered in certain jurisdictions. ELOS (Electro-Optical Synergy Electro-Optical Synergy (ELOS) is a selective photothermolysis technology using various forms of energy frequencies principally for cosmetic medicial purposes developed by the corporation Syneron. ) is a proprietary technology of Syneron Medical. All other names are the property of their respective owners. |
|
||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion