Orange County Based Pretika Settles Patent Infringement Dispute

Orange County – Pacific Bioscience Laboratories (PBL), manufacturer and marketer of the Clarisonic Skin Care System products, has announced that it has reached a settlement with Orange County based Pretika Corporation in a lawsuit that included patent infringement claims and patent invalidity counterclaims regarding sonic skin care products.

In the pending settlement agreement, Pretika agreed to redesign certain models of its Sonic Dermabrasion Facial Brush sold in the United States. Pretika has also acknowledged the validity of PBL’s U.S. Patent No. 7,320,691 entitled “Apparatus and Method for Acoustical/Mechanical Treatment of Early Stage Acne.” The United States Patent and Trademark Office closed its reexamination of the ‘691 patent in July, confirming the original fifty-two claims and declaring an additional twelve claims sought by PBL as patentable.

In the patent infringement lawsuit, filed in early 2010, PBL alleged that Pretika committed infringing activities including the manufacture, use, sale, offer for sale, and/or importation into the United States of infringing devices, which are covered under PBL’s ‘691 patent. The complaint also contended that Pretika’s infringement of the ‘691 patent has caused PBL substantial and irreparable injury, for which it sought injunctive relief, compensatory damages not less than the amount of reasonable royalty, interest, costs, enhanced damages, and reasonable attorneys’ fees.

Pretika responded to the patent infringement claims by filing for a request for reexamination of the ‘691 patent at issue in May, 2010.

“We’ve worked hard to develop new breakthrough technology,” stated David Giuliani, Chief Executive Officer of Pacific Biosciences Laboratories. “As a company established by a team of scientists and engineers, we understand the paramount importance of establishing and protecting our intellectual property,” he added.

PBL has been credited for developing patents using its pioneering innovation to offer sophisticated, sonic technology to its Clarisonic Skin Care System, an invention of the innovator of Sonicare. According to PBL, the patents are crucial to the success of Clarisonic and reflect eight years of research and development, as they provide the user a premium experience in cleansing, stimulating, and clarifying the skin.

There was no comment available from Pretika Corporation regarding the settlement agreement.