Thermage, Syneron resolve suits alleging patent infringement

National report -- Medical-device developers and manufacturers Thermage Inc. and Syneron have reached an agreement that resolves lawsuits claiming that Syneron infringed certain patents held by Thermage and that Thermage infringed a patent held by Syneron.

The Thermage lawsuit, filed last year, sought damages for infringement of six Thermage patents that Thermage alleged were infringed by Syneron's systems for non-invasively treating skin. Syneron subsequently filed a patent-infringement counterclaim against Thermage, alleging that Thermage infringed a patent (on controlled contraction of collagen using radiofrequency, or RF, energy) that Syneron had recently acquired. The counterclaim, filed in January, alleged that the methods performed by Thermage's ThermaCoolTM product infringe Syneron's acquired patent.

As a result of the settlement, Thermage and Syneron have granted each other a non-exclusive license under their patents in suit and related patents. In addition, Syneron paid Thermage a one-time, undisclosed sum. Thermage excluded from the license any rights to use monopolar RF and capacitive electrical coupling. Syneron excluded from the license any patents related to its proprietary Electro-Optical Synergy (ELOS) technology.

Both parties admitted validity of all patents in the litigation, but neither admitted any wrongdoing or liability.

-- Compiled by Staff Correspondent Bill Gillette