Cynosure files patent infringement against CoolTouch

Cynosure, Inc., a developer and manufacturer of a broad array of light-based aesthetic treatment systems, and its largest shareholder, El.En. S.p.A., today filed a patent infringement lawsuit against CoolTouch Inc. in U.S. District Court for the District of Massachusetts.

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 covers technology using laser energy to remove subcutaneous fat. Cynosure is the exclusive licensee of the 873 patent, which is owned by El.En.

The 873 patent is a fundamental component of the Smartlipo(TM) LaserBodyScuplting(SM) Workstation, a groundbreaking system designed as an alternative to traditional liposuction in patients with small 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.

The lawsuit filed by Cynosure and El.En. seeks monetary damages and an injunction against CoolTouch to prohibit further infringement.

"Smartlipo has become the gold standard for the minimally invasive removal of localized fat, and we will vigorously defend our intellectual property position," said Cynosure President and Chief Executive Officer Michael Davin. "As evidenced by the new higher-powered 10- and 18-watt workstations we introduced in 2007, we continue to make significant investments in the future of the Smartlipo workstation. We believe that CoolTouch's device infringes on the 873 patent, and we initiated this litigation to protect our rights and represent the best interest of our shareholders."

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