ZELTIQ Aesthetics, Inc. (Nasdaq: ZLTQ), a medical technology company focused on developing and commercializing products utilizing its proprietary controlled-cooling technology platform, announced it successfully secured an unopposed settlement and permanent injunction against Marco Hallerbach, MD, doing business as Dr. Hallerbach & Associates. ZELTIQ first filed suit in October 2012 with the United States District Court for the Middle District of Florida, Tampa Division, against Dr. Hallerbach for false advertising, false designation of origin, unfair competition, trademark infringement, and unfair and deceptive trade practices.
ZELTIQ is the exclusive licensee of Cryolipolysis, the patented technology behind the aesthetic procedure marketed as CoolSculpting®. Cryolipolysis is the non-invasive cooling of adipose tissue to induce lipolysis – the breaking down of fat cells – to reduce body fat without damage to other tissues.
Dr. Hallerbach previously operated a “cosmetic medicine and weight management” clinic, known as Get Your Shape Back, which misrepresented its purported Cryolipolysis treatments as the authentic, unique, patented FDA-cleared CoolSculpting treatments developed by ZELTIQ and also offered these services to various spas in the area. These attempts to pass off the services as authentic CoolSculpting treatments have resulted in actual customer confusion and dissatisfaction with the sham procedure.
“The speed within which we reached a favorable outcome in Tampa underscores our unwavering commitment to vigorously enforce our intellectual property rights,” said Sergio Garcia, ZELTIQ Senior Vice President, General Counsel and Corporate Secretary. “Performing fraudulent procedures with copycat devices not cleared by the FDA compromises patient safety and can lead to serious injury. With more than 450,000 procedures to date worldwide and patented built-in safety features, such as Freeze Detect™, consumers can have the utmost confidence in CoolSculpting – the only cold-based, non-surgical body contouring treatment that is FDA-cleared.”About ZELTIQ Aesthetics, Inc. ZELTIQ® Aesthetics, Inc. (Nasdaq: ZLTQ) is a medical technology company focused on developing and commercializing products utilizing its proprietary controlled-cooling technology platform. ZELTIQ’s first commercial product, the CoolSculpting® System, is designed to selectively reduce stubborn fat bulges that may not respond to diet or exercise. CoolSculpting is based on the scientific principle that fat cells are more sensitive to cold than the overlying skin and surrounding tissues. CoolSculpting utilizes patented technology of precisely controlled cooling to reduce the temperature of fat cells in the treated area, which is intended to cause fat cell elimination through a natural biological process known as apoptosis. ZELTIQ developed CoolSculpting to safely, noticeably, and measurably reduce the fat layer within a treated fat bulge without requiring the patient to diet or exercise.