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TheStreet Open House

Case Zeltiq - CLINIPRO: The Court Upholds Clinipro - LipoCryo Claim

BARCELONA, Spain, January 29, 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 25 th, 2013, fully disregarding the lawsuit promoted by Zeltiq Aesthetics Inc. (Nasdaq: ZLTQ)  and  Massachusetts 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 new  items (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 5 th, 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 25 th, 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: " The  s entenc e 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.

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