BTL Aesthetics' US affiliate has filed a lawsuit against Allergan plc, Ireland and its affiliates, and Zimmer MedizinSysteme GmbH, Germany, and its affiliate, in the US Federal District Court for the District of Delaware.
The lawsuit asserts that the Cooltone device, manufactured by Zimmer for Allergan, infringes on BTL's U.S. patents. The lawsuit further asserts that Allergan's Coolsculpting, when used before, or after the Cooltone therapy, infringes on BTL's U.S. patent for the therapeutic application of the two technologies.
BTL's Emsculpt has been a clear innovation leader in the muscle category, revolutionizing the non-invasive body shaping market. Utilizing proprietary HIFEM technology, Emsculpt introduced an entirely new category of muscle-strengthening technology to aesthetics that goes beyond waistline reduction and the elimination of fat cells.
"The intellectual property behind Emsculpt was developed both for and with the aesthetic physician community in mind," said Filip Donner, Director of BTL. "We shall vigorously defend our intellectual property to protect the substantial investments our customers have made, and to preserve the leadership position we have developed over many years of effort. This lawsuit is the first domino to fall as we enforce our patents and other intellectual property rights in the U.S. and in other jurisdictions."
BTL is seeking an injunction and monetary damages. The lawsuit is intended to prevent Allergan from importing and selling Cooltone systems in the U.S., and to prevent Allergan from marketing Cooltone alone or in conjunction with their Coolsculpting therapy.