CoolTouch Inc. Responds to Cynosure Patent Infringement Lawsuit

FOR IMMEDIATE RELEASE
CoolTouch Inc. Responds to Cynosure Patent Infringement Lawsuit
January 15, 2008
CoolTouch

For more information, please contact:
Leslie Newman
Director of Marketing
916.677.1900

Roseville, CA (January 15, 2008) Ò CoolTouch Inc., a pioneering manufacturer of medical lasers, states the CoolTouch CoolLipoÙ 1320 wavelength laser was designed to be superior to the Cynosure SmartLipo 1064 technology and does not infringe. Among other reasons, 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 Î873 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.

Additionally, thousands of pulsed Nd:Yag lasers with specifications identical to the SmartLipo have been sold since the mid-1980s. The fiber optic and delivery handpieces described in the Î873 patent have also been commercially available for over 20 years for use in orthopedics, general surgery, urology and oral surgery. Combine this Ïoff-the-shelf technologyÓ with the pioneering clinical work by Drs. Dressel and Apfelberg and others in the early 1990s on laser-assisted lipolysis and the Paolini patent claims are obvious, invalidating the patent. The recent Supreme Court rulings on obviousness may also play a role in invalidating these patents.

ÏWe welcome the opportunity to establish the facts with respect to patents that Cynosure claims are being infringed through our sales of the CoolLipoÙ laser for laser-assisted lipolysisÓ states CoolTouch CEO Dave Hennings. ÏIt will be good to get the facts established so that we can continue to focus on providing the latest technology to our present and future aesthetically-focused physicians.Ó

CoolTouch has developed an extensive patent portfolio over the past 14 years including three important patents used to percutaneously tighten skin and treat wrinkles. CynosureÌs exposure to these patents will also be part of this litigation. The CoolTouch technology is described in the recently published CoolTouch patent application # US2007/0293849.

ÏWe will vigorously defend our own patent portfolio.Ó according to Hennings. ÏWe have spent a great deal of time and effort developing these technologies and will enforce them by license or otherwise where it makes sense.Ó

About CoolTouch
CoolTouch Inc. located in Roseville, California designs, manufactures and markets light-based aesthetic and medical products with a firm commitment to continuing innovation and excellent customer service. The CoolTouch Nd:YAG product line includes: the CoolTouch CT3PLUSÙ 1320 nm with CoolBreezeÙ mode for painless acne and wrinkle treatment for all skin types, The CoolTouch VARIAÙ 1064 nm, providing safe and effective treatment for hair removal, vascular conditions and skin tightening and the CoolTouch CTEVÙ 1320 nm endovenous laser for treatment of varicose veins.