On May 22, 2009 the United States Patent & Trademark Office (USPTO) accepted CoolTouch's request to re-examine the '873 Paolini laser lipolysis patent based on prior art by Dr. David Apfelberg and Mr. David Hennings.
Roseville, CA (PRWEB) June 2, 2009 -- On May 22, 2009 the United States Patent & Trademark Office (USPTO) accepted CoolTouch's request to re-examine the '873 Paolini laser lipolysis patent based on prior art by Dr. David Apfelberg and Mr. David Hennings. As a result, CoolTouch Inc. has petitioned the court for a motion to stay the litigation regarding this patent between CoolTouch and Cynosure.
CoolTouch CEO, David R. Hennings states " The Patent office's rapid response to our request supports CoolTouch's contention that the '873 Paolini patent is invalid. I hope that they rule on the strong merits of our case just as quickly so we may see this litigation end soon. With this new ruling, the Court will certainly accept our motion for stay and we expect they will also approve our motion for summary judgment that the '873 patent is invalid."
The CoolTouch CoolLipo™ 1320 wavelength laser was designed to be superior to the Cynosure SmartLipo 1064 laser technology and does not infringe Cynosure's '873 Paolini patent involving laser-assisted lipolysis. The CoolLipo incorporates state-of-the-art 1320 nm laser technology, coated fibers, and a variety of handpieces which allow the fiber to be extended beyond the end of the cannula, thereby not infringing the '873 patent whose claims require that the fiber must be adjacent to the end of the cannula. The CoolTouch advantage of extending the fiber beyond the cannula helps prevent inadvertent heating of the cannula and assists in cutting connective tissue. On December 22, 2008 the court's Markman ruling rejected Cynosure's attempts to define "adjacent" to mean "in the vicinity of" the
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