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Cynosure Obtains Favorable Markman Rulings in Patent Infringement Case Against CoolTouch
Date:3/3/2009

WESTFORD, Mass., March 3 /PRNewswire-FirstCall/ -- Cynosure, Inc. (Nasdaq: CYNO), a leading developer and manufacturer of a broad array of light-based aesthetic treatment systems, announced today that the United States District Court for the District of Massachusetts has issued a favorable set of rulings in a Markman hearing in the company's patent infringement lawsuit against CoolTouch Inc.

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 relates to methods for liquefying and removing subcutaneous fat cells through the use of laser energy. Cynosure is the exclusive licensee of the 873 patent, which is a fundamental component of the Smartlipo(TM) LaserBodyScuplting(SM) Workstation. The 873 patent is owned by the company's largest shareholder, El.En. S.p.A.

The purpose of a Markman hearing is for the court to determine the meaning and scope of the patent claims that the plaintiff asserts are being infringed. In Cynosure's lawsuit, the meaning of four terms used in the 873 patent was contested by CoolTouch. In each instance, U.S. District Judge Nathaniel M. Gorton ruled in Cynosure's favor regarding how those terms should be properly construed at trial.

"Judge Gorton's Memorandum & Order in the Markman hearing supports our position regarding the definition and scope of the 873 patent," said Cynosure President and Chief Executive Officer Michael Davin. "In particular, the court rejected CoolTouch's argument that the patent does not cover a laser where the laser fiber extends beyond the end of the cannula. We are pleased with the outcome of the hearing, which we believe reinforces the intellectual property behind our laser lipolysis technology."

Smartlipo is a groundbreaking system designed as an alternat
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SOURCE Cynosure, Inc.
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