Solta Medical and Alma Lasers have reached an agreement resolving lawsuits involving certain Thermage patents held by Solta Medical. The patents addressed in the lawsuit cover methods and devices for tightening skin and achieving other beneficial improvements in skin and tissue structures, all without damaging the skin surface.
The lawsuit was originally filed on April 26, 2007 in the US District Court in Delaware by Alma Lasers seeking a declaration that nine Thermage patents were invalid and not infringed.
Solta Medical filed counterclaims alleging that certain Alma systems for non-invasively treating skin infringed 11 of its patents, and sought damages and injunctive relief. Alma subsequently filed counterclaims alleging that all 11 patents which were asserted were not infringed and were not valid.
As a result of the agreement, Solta Medical and Alma are dismissing their respective litigation claims and have granted each other a covenant not to sue under certain of their respective patents and patent applications, including all the patents involved in the litigation.
In addition, Alma paid Solta Medical a one time payment of $2.25m. Solta Medical excluded from the covenant any rights to utilise monopolar RF which utilises a passive return electrode.
Stephen Fanning, chairman of the board, president and CEO of Solta Medical, said: “We are pleased we were able to reach an amicable settlement while protecting our propriety position in monopolar technology, one of the key components used to create deep, uniform volumetric heating. Solta Medical has invested more than 14 years developing, validating, and creating a strong IP portfolio and we will continue to invest in the scientific research needed to develop new, non-invasive aesthetic procedures.”
Ziv Karni, president and chief executive officer of Alma Lasers, said: “We are delighted to have resolved our litigation with Solta Medical and to have obtained the covenant not to sue under Solta Medical’s patents. We are also pleased that Solta Medical appreciated the value inherent in our BiPolar and UniPolar Radio Frequency technology and as a result we were able to mutually resolve our dispute.”