FDAnews Device Daily Bulletin

CUTERA SETTLES PATENT LITIGATION WITH PALOMAR

June 7, 2006
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Palomar and Cutera have settled two patent infringement lawsuits brought by Palomar against Cutera, the companies announced.

In its lawsuits, which were filed in 2002, Burlington, Mass.-based Palomar accused Cutera of infringing its "Anderson Patents" for hair-removal systems. The infringing products were Cutera's CoolGlide Laser and Lamp Systems, which include the Xeo and Solera Opus platforms using the PW770 hand-piece, Palomar said.

Under the settlement terms, Brisbane, Calif.-based Cutera will pay Palomar $15.5 million as an 8.5 percent royalty on sales of its laser- and lamp-based hair removal systems beginning with Cutera's initial sales in 2000 through March 31 of this year, Palomar said. Cutera will also pay $2.5 million in interest on past sales of the infringing devices, $4 million to cover legal costs incurred by Palomar while enforcing its patents, and a 7.5 percent royalty to Palomar beginning April 1 on future sales of both the infringing systems and any new light-based hair removal systems Cutera develops, Palomar added.