Zeltiq (NSDQ:ZLTQ) said the Mercantile Court in Spain denied its bid for a preliminary injunction against Clinipro in a joint lawsuit filed with Mass. General Hospital against the French medical aesthetics company.
Zeltiq and MGH sued Clinipro last year in France and Spain, alleging infringement of 2 patents for its CoolSculpting device.
The lawsuits allege that Clinipro’s LipoCryo device infringes the patents, which Zeltiq licenses from the Boston hospital.
The Spanish court initially granted the injunction, according to a press release, but reversed course after a trial last year.
"We are disappointed in the Mercantile Court’s decision, as our legal team and outside counsel were anticipating that the court would follow its previous decision of granting our request for a preliminary injunction," Zeltiq president & CEO Mark Foley said in prepared remarks. "Zeltiq and MGH intend to appeal this ruling immediately and, along with our outside counsel, we are confident that we will ultimately prevail. We remain steadfast in our commitment to vigorously enforce our intellectual property rights and will continue to partner with MGH to aggressively assert our rights."
Zeltiq said the French trial is slated to begin in April.
