A Medical Device Daily

Two competitors making laser and light-based systems for aesthetic and medical procedures this week exchanged shots in a continuing battle over patents covering their technologies.

Palomar Medical Technologies (Burlington, Massachusetts) on Wednesday reported that it had filed a patent infringement lawsuit in the U.S. District Court for the District of Massachusetts against Candela (Wayland, Massachusetts) related to U.S. Patent No. 5,735,844 ('844 Patent) held by Palomar. This was followed, yesterday with a statement from Candela that it filed a complaint against Palomar in the same court, charging infringements of three of its U.S. patents: 6,659,999, 6,743,222 and 5,312,395.

Palomar alleges that Candela's light-based hair removal systems, including the GentleLase and GentleYag, infringe U.S. Patent No. 5,735,844 ('844 Patent) for which Palomar has a license from the General Hospital Corporation (Boston).

Palomar is seeking an injunction against further infringement and monetary damages. It said that if it prevails at trial, Candela may be ordered to pay tens of millions in damages for past sales. It also alleges that Candela's activities constitute willful infringement and so may have to pay triple damages.

Palomar said that the claims asserted in the lawsuit include the same claims that it successfully asserted against Cutera (Brisbane, California), as well as additional patent claims.

Patricia Davis, senior vice president and general counsel of Palomar, said, “For over seven years, Palomar has sent Candela letters notifying Candela that its products need a license to the '844 Patent and offering to grant Candela such a license. We initiated this litigation to protect our rights only after we determined that further negotiations would not provide positive results.

“The '844 Patent has been tested in two prior lawsuits and we are confident of its strength. In Palomar's lawsuit against Cutera, the court's rulings . . . confirmed the breadth and validity of the '844 Patent. We intend to continue our strategy of vigorously enforcing our patent position against . . . infringing competitors who refuse to take a license.”

In its complaint, Candela charges that the StarLuxs system made by Palomar “willfully” infringes two patents held by Candela and that Palomar, through its Q-YAG 5 Q-Switched laser system, infringes a third Candela patent.

Candela is seeking monetary damages and an injunction against further infringement.

Palomar says that it pioneered the optical hair removal field, when, in 1997, it introduced the first high-powered laser hair removal system and that many of the major advances in light-based hair removal have been based on its technology.

Candela manufactures systems for the treatment of cosmetic and medical conditions using lasers, aesthetic laser systems, and other technologies. The company markets its products in more than 70 countries from offices and distributors in the United States, Europe, Japan, China and other Asian locations. Candela says that it established the aesthetic laser market 17 years ago, and currently has an installed base of 9,000 lasers worldwide.