Syneron Medical Ltd and its North American subsidiary Syneron Inc announced that Lumenis has been denied a preliminary injunction against sale of Syneron's Aurora devices. The U.S. District Court for the Central District of California recently denied Lumenis's motion for a preliminary injunction on two Lumenis patents, finding that Lumenis had failed to show a likelihood of infringement on two claims and that Syneron had shown that another claim may be invalid. The court did issue a very limited injunction that does not bar sales of the Aurora device, but does direct that gel not be used with the Aurora devices.

The court's ruling confirms that Syneron can continue to sell its Aurora devices in the U.S. market. According to Moshe Mizrahy, CEO of Syneron Medical Ltd., Lumenis has once again chosen to mislead the investment and medical community with its public statements about the court's action. The Aurora devices have built-in thermoelectric cooling and use water as effectively as gel to provide electro conductive coupling to the skin. Thus, Syneron has recommended the use of water with its Aurora devices, and under the court's ruling will continue to do so. Syneron is confident that the final ruling of the court will confirm that Syneron does not infringe on any Lumenis patents, or that Lumenis's patents are invalid, or both.

In responding to Lumenis' claims, Syneron noted that its ELOS (Electro-Optical Synergy) technology is an innovative, proprietary technology that does not infringe any of Lumenis' patents. "Pulsed light technology is used by several other companies in the US and around the world, yet Lumenis has not chosen to sue any of those companies," commented Mizrahy. "Lumenis' decision to sue Syneron can only be explained by their fear that our proprietary ELOS technology is becoming the leading technology in the medical aesthetic market."

"Syneron regrets that Lumenis has chosen to compete with our company through the courts rather than to compete in the marketplace. Nevertheless, we are confident that neither the medical aesthetic market nor the financial market will be willing to accept Lumenis' strategy of taking legal action against competing companies," continued Mizrahy, who noted that Lumenis had already used this strategy on several occasions against other competing companies. "It is a shame that Lumenis has decided to use its limited resources to pursue legal action instead of developing the market and supporting its customers," concluded Mizrahy.

Domenic Serafino, President of Syneron Inc. added: "Syneron's ELOS technology is more efficient, much more user-friendly for doctors and safer for patients. Lumenis is concerned about this competitive advantage, and this is the reason behind its decision to adopt the legal offensive."