Cutera Loses Summary Judgment in Palomar patent case

BURLINGTON, Mass., Dec. 13 /PRNewswire-FirstCall/ – Palomar Medical
Technologies Inc. (Nasdaq: PMTI), a leading researcher and developer of light-
based systems for cosmetic treatments, today announced that the U.S. District
Court for the District of Massachusetts issued several rulings in Palomar’s
favor in connection with an ongoing patent infringement lawsuit filed by
Palomar and the Massachusetts General Hospital (“MGH”) against Cutera, Inc.
In this lawsuit, Palomar and MGH accuse Cutera’s CoolGlide family of products
of infringing U.S. Patent No. 5,735,844 (the '844 patent). Yesterday, the
Court denied Cutera Inc.'s requests for summary judgment of invalidity and
non-infringement.

http://pacer.mad.uscourts.gov/recentopinions.html

Cutera’s stock dropped 1/3 today because of this.

Dee

BURLINGTON, Mass., Jan. 12 /PRNewswire-FirstCall/ – Palomar Medical
Technologies Inc. (Nasdaq: PMTI), a leading researcher and developer of light-
based systems for cosmetic treatments, today announced that the U.S. District
Court for the District of Massachusetts has set May 30, 2006 as the start of
the jury trial in the patent infringement lawsuit filed by Palomar and the
Massachusetts General Hospital (“MGH”) against Cutera, Inc. Palomar is
pleased that its request for the earliest possible trial date has been met.
In this lawsuit, Palomar and MGH accuse Cutera’s CoolGlide family of products
of infringing U.S. Patent No. 5,735,844 (the '844 patent). The parties
estimate a two week trial. If Palomar prevails at trial, Cutera may be
ordered to pay millions in damages for past sales and ordered to stop selling
infringing products. Palomar does not plan on licensing Cutera going forward.
Palomar also alleges that Cutera’s activities constitute willful infringement
of the '844 patent. If Palomar prevails on such a claim, Cutera could be
forced to pay up to triple the amount of the original damages assessment.