Thermi® Defends Against Viveve´s Claims of Patent Infringement

17/03/2017 - 10:20

Almirall, a global pharmaceutical company based in Barcelona, states that it will use its strong cash position to fund Thermi® as it continues to aggressively defend itself against the patent infringement suit brought by Viveve in the Eastern District Court of Texas. Thermi filed a motion to dismiss Viveve’s complaint for the reason that Viveve’s patent was invalid for claiming non-patentable subject matter. Oral argument was heard on Thermi’s motion on February 27, 2017. Thermi will continue to seek to invalidate Viveve’s patents. Paul Herchman, CEO of Thermi stated, “Thermi believes this complaint has no merit and will vigorously defend itself. We are looking forward to our day in court and we are confident that Thermi will be vindicated.”

Paul Herchman also stated “This complaint has no effect on the over 1,000 Thermi physician’s offering the ThermiVa® procedure in their practices. According to US patent law medical practitioners are not liable for infringement of medical treatment method- patents and thus, we are confident the suit will not negatively impact physicians continued use of the ThermiVa product.” A typical doctor treating patients, attending advisory council meetings, participating in advisory boards, and exchanging treatment information with other physicians would have immunity under Section 35 U.S.C. Sec. 287(c). Physicians’ use of the patented method on their own patients within their professional medical practice would be immune under the statute.

Thermi believes the litigation initiated by Viveve is a response to Thermi’s significant success in the fast growing and highly competitive women’s health and wellness marketplace.

About Almirall

Almirall is a global company based in Barcelona dedicated to providing valuable medicines and medical devices through its R&D, agreements and alliances. Our work covers the whole of the drug value chain. A consolidated growth allows us to devote our talent and efforts towards specialty areas and particularly to further grow as a leading dermatology player. Our size enables us to be agile and flexible so that we can accomplish the purpose of taking our innovative products wherever they are needed.

Founded in 1943, Almirall is listed on the Spanish Stock Exchange (ticker: ALM) and it has become a source of value creation for society due to its vision and the commitment of its long-standing major shareholders. In 2014, its revenues totaled 1,407 million euros and, with more than 2,100 employees, it has gradually built up a trusted presence across Europe, as well as in the US and Mexico.

For more information, please visit www.almirall.com

About Thermi

Almirall announced in February of 2016 that it had completed the acquisition of ThermiGen. This acquisition represents the commitment and the definitive entry of Almirall into the aesthetics market, an industry with potential global sales in high growth dermatological indications.

The Thermi flagship product is the ThermiRF®, Temperature Controlled Radio Frequency Generator System, which is FDA cleared for dermatological and general surgical procedures for electrocoagulation and hemostasis, and to create lesions in nervous tissue. ThermiRF®, is an advanced technology using finely controlled thermal energy. It is a multi-use platform which uses proprietary hand pieces designed for specific medical applications and promotes increased patient safety and clinical effectiveness, while providing versatile solutions for physicians serving the aesthetic market.

The Thermi250® also employs temperature-controlled radio frequency using a specially designed thermistor´s regulated hand piece, which delivers precise heating to the skin´s surface.

For more information, please visit www.thermi.com

EDITOR’S NOTE: Nancy Trent or Pam Wadler at Trent & Company, Inc. (212)-966-0024 or pam@trentandcompany.com



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