Case Zeltiq - CLINIPRO: The Court Upholds Clinipro - LipoCryo Claim
woensdag 30-01-2013 10:02
Dit is een origineel bericht van PR Newswire
BARCELONA, Spain, January 30, 2013 /PRNewswire/ --
CLINIPRO, a Spanish company that manufactures medical-aesthetical devices, announces that the Barcelona Trade Court No. 5 has dictated a resolution, dated January 25th, 2013, fully disregarding the lawsuit promoted by Zeltiq Aesthetics Inc. andMassachusetts General Hospital (MGH) against CLINIPRO, for alleged infringements of patents and disloyal competence acts. The matter has been carried out by the SOL MUNTAÑOLA & ASOCIADOS office, which CLINIPRO put in charge of the legal management.
The sentence states that the patents of the plaintiffs are annulated, due to the lack of inventive activity (the procedure patent) and to the lack of newitems (the device patent), so that the presented claim is refused. Moreover, the sentence denies the disloyal acts existence, also a part of the claim, among other reasons, because Zeltiq and MGH cannot appropriate themselves of the name that describes the cold-application technique used to reduce fat (cryolipolysis). The sentence imposes on Zeltiq and MGH the payment of the costs incurred, although CLINIPRO is considering the possibility of requesting, also, the damages and prejudices caused.
We must recall that, due to the claim presented by MGH and Zeltiq against CLINIPRO for copyrights violation, a preliminary order was dictated on May 5th, 2012, where cautionary measures were taken against marketing LipoCryo in Spain. Later, those measures were declared without effect by means of a sentence dated June 25th, 2012, the court accepting the deposit of a substitutive caution. Now, by this new sentence, the caution measures have been immediately cancelled.
SOL MUNTAÑOLA ABOGADOS, in charge of defending CLINIPRO in this matter, expressed their satisfaction: "Thesentence is clear and to the point, so that there is no doubt about the lawfulness of Lipocryo", has said Mario Sol, the firm's founding partner and one of the lawyers that was in charge of this case.
Clinipro is a company with presence in over 40 countries and its vision is to remain being the benchmark and the effective, secure and non-invasive alternative to surgical treatments of aesthetic medicine. Always aimed at offering the latest technology and staying ahead of market trends to provide the most innovative technologies. Clinipro, with 20 years of industry experience, has professional technicians and highly qualified physicians that support their brands results such as LipoCryo and Mesostar, among others, which contribute to people's physical well being through safe and effective procedures.
Fermín San Martín