A Medical Device Daily
Candela (Wayland, Massachusetts) reported that it has filed two requests for re-examination with the U.S. Patent & Trademark Office (PTO). One is for U.S. patent No. 5,595,568 ('568 patent) and the second is for U.S. patent No. 5,735,844 (the '844 patent). Palomar Medical Technologies (Burlington, Massachusetts) is the exclusive licensee of the patents, which are the subject of its patent infringement lawsuit brought against Candela on Aug. 9, 2006, in the U.S. District Court for the District of Massachusetts. As Candela reported on Nov. 18, the lawsuit is currently stayed.
The company has specifically sought re-examination of claims 1-3, 6-8, 12-14, 17, 19, 20, 27, 28, 30, and 32 of the '844 patent, and claims 1, 3-10, 13, 14, 18-21 of the '568 patent. These claims include all of the claims Palomar has alleged that Candela infringes. The '568 and '844 patents already are being re-examined by the PTO based on requests filed by a third party.
"We remain resolute in our belief that the patents are invalid, and are hopeful that the PTO will find the claims unpatentable and cancel them," said Candela President/CEO Gerard Puorro. "Now that the re-examination has been filed, and due to the stay in the lawsuit, we expect a precipitous drop in our legal expenses while we work to restore profitability to the company."
Candela manufactures clinical solutions that enable physicians, surgeons, and personal care practitioners to treat selected cosmetic and medical conditions using lasers, aesthetic laser systems, and other advanced technologies.