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Palomar Medical Technologies Inc, a developer of laser hair removal devices,. and Lumenis Ltd. announced that they have reached a settlement resolving their on-going litigation concerning both patent infringement and contractual matters.
Palomar accused the LightSheer(TM) Diode Laser System, a product initially developed by Palomar and now marketed by Lumenis, and various Lumenis IPL systems of infringing claims in two U.S. patents (5,595,568 and 5,735,844). Palomar has an exclusive license to these patents from the General Hospital Corporation in Boston, MA, U.S. Pursuant to the settlement, the parties will dismiss with prejudice both the federal action in the Northern District of California, U.S. as well as the state court action in Massachusetts, U.S..
Under the terms of the settlement, Lumenis will pay U.S. $4.09 million over the next 6 quarters for royalties due on sales of the LightSheer made between July 1, 2002 and Dec. 31, 2003. Beginning on Jan. 1, 2004, Lumenis will pay Palomar a 5-percent royalty on sales of the LightSheer and other professional laser hair removal devices and modules. In addition, Lumenis has granted Palomar a paid up license to a variety of Lumenis' patents for Palomar's light based devices. Palomar has also granted Lumenis a paid up license to the '568 and '844 patents for Lumenis' lamp based devices. Importantly, both parties have agreed to the validity and enforceability of each others patents and not to challenge such validity and enforceability in the future.
Chief Executive Officer Joseph P. Caruso commented. "The settlement benefits both parties and eliminates the costs and distractions of continuing litigation. The strength of Palomar's patent portfolio is validated by this settlement along with the favorable claims construction rulings Palomar received in this lawsuit as well as our patent infringement lawsuit against Cutera Inc."
Mr. Caruso continued, "Palomar intends to continue its strategy of vigorously enforcing its patent portfolio."
Palomar is a researcher and developer of light-based systems for hair removal and other cosmetic treatments. Last year, Palomar and The Gillette Company into an agreement to complete development and commercialize a patented home-use, light-based hair removal device for women.
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