Ra Medical Systems, Inc. Wins Federal Lawsuit Against PhotoMedex, Inc.
CARLSBAD, CA – November 5, 2007--Ra Medical Systems announced today that it has won the lawsuit filed by PhotoMedex (NASDAQ:PHMD) in the U.S. District Court, Southern District of California. PhotoMedex sued Ra Medical and its founder, Dean Irwin, in January 2004 alleging false advertising and unfair business practices. PhotoMedex claimed that Ra Medical Systems misrepresented its FDA status, and misrepresented specifications of its laser system. Ra Medical was victorious in all claims. The court also found that Ra Medical’s founder did not misrepresent himself when stating he invented PhotoMedex’s laser system.
In a related matter, PhotoMedex once again sued Ra Medical for trade secret theft, false advertising, not being properly licensed, and unfair competition and Ra Medical has prevailed on those claims. The Court allowed Ra Medical Systems’ claim that PhotoMedex sold lasers without a valid medical license to stand.
“This effectively ends PhotoMedex’s efforts to tie us up with frivolous legal claims. We welcome competition as it benefits the consumer," commented Dean Irwin, Ra Medical Systems' President. He added, "Their repeated meritless claims resulted in taxpayer expense and loss to PhotoMedex’s shareholders. We have now won two lawsuits against us by PhotoMedex, as well as two separate appeals.”
Ra Medical Systems sued PhotoMedex for malicious prosecution in state court in November 2004 based on an action brought by PhotoMedex in 2003. Ra Medical Systems resolved the case earlier this year after winning the anti-SLAPP motion and PhotoMedex’s appeal. The terms of the settlement are confidential.
Ra Medical Systems is represented by Tracy Nation of Wingert, Grebing, Brubaker & Goodwin LLP (619) 232-8151.
Dan Stanford and David Hendricks of Stanford and Associates represented Ra Medical Systems in the malicious prosecution action (619) 696 6160.
Ra Medical Systems, Inc., based in Carlsbad, CA, manufactures and markets advanced excimer laser systems for medical and aesthetic treatments.
Contact Dean Irwin, President, (760) 804 1648.
This media release may contain forward-looking statements that constitute Ra Medical Systems' current intentions, hopes, beliefs, expectations or predictions of the future, which are therefore inherently subject to risks and uncertainties. For additional information on factors that could affect Ra Medical’s performance, please call the company directly. Ra Medical Systems expressly disclaims any obligations or undertaking to release publicly any updates or revisions to any such statements to reflect any change in Ra Medical Systems' expectations or any change in events, conditions, or circumstances on which any such statement is based.
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