exv10w25



 




Exhibit 10.25




UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS




	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 
	 

	 	 	 	 	)	 	 	 
	PALOMAR MEDICAL TECHNOLOGIES, INC.,	 	 	)	 	 	 
	and THE GENERAL HOSPITAL	 	 	)	 	 	 
	CORPORATION,	 	 	)	 	 	 
	 

	 	 	 	 	)	 	 	 
	 

	 	Plaintiffs
	 	 	)	 	 	 
	 

	 	 	 	 	)	 	 	 
	 

	 	 	 	 	)	 	 	 
	 

	 	v.
	 	 	)	 	 	Civil Action No.
	 

	 	 	 	 	)	 	 	1:06-CV-11171 (RWZ)
	 

	 	 	 	 	)	 	 	 
	ALMA LASERS, INC.,	 	 	)	 	 	 
	 

	 	 	 	 	)	 	 	 
	 

	 	Defendant.
	 	 	)	 	 	 
	 

	 	 	 	 	)	 	 	 
	 

	 	 	 	 	)	 	 	 
	 	 	 	 	 	 	 





CONSENT JUDGMENT 




          The parties having considered the facts and applicable law and having agreed to the entry
of this Judgment, it is therefore found, adjudged, and decreed as follows:




     1. This Court has jurisdiction over the parties and the subject matter pursuant to 28
U.S.C. § 1338.



     2. Plaintiff The General Hospital Corporation (“MGH”) is the owner of U.S. Patent
No. 5,735,844 (“the ‘844 patent”), and plaintiff Palomar Medical Technologies, Inc. (“Palomar”)
is the exclusive licensee of the ‘844 patent.



     3. Plaintiff The General Hospital Corporation (“MGH”) is the owner of U.S. Patent No.
5,595,568 (“the ‘568 patent”), and plaintiff Palomar Medical Technologies, Inc. (“Palomar”) is the
exclusive licensee of the ‘568 patent.



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     4. The defendant, Alma Lasers, Inc. (“Alma”), has infringed (directly and by inducement) the
asserted claims of the ‘844 and ‘568 patents by its manufacture, offer for sale, sale, and/or use
of Alma’s HarmonyTM, SonataTM, SopranoTM, and SopranoXLTM systems (the “Alma Products”).



     5. The ‘844 patent is valid and enforceable as to the Alma Products.



     6. The ‘568 patent is valid and enforceable as to the Alma Products.



     7. Alma has infringed the Palomar Trade Dress, as defined in Paragraph 13 of the Second
Amended Complaint, filed on February 22, 2007.



     8. This Judgment shall finally conclude and dispose of all claims and counterclaims in this
lawsuit of all parties with prejudice.



     9. The parties shall bear their own costs of this action, and all rights of appeal are
waived.
Neither party is entitled to collect from the other attorneys’ fees except as expressly set forth
in
Section 3 of that certain Settlement Agreement by and between the parties dated March 29, 2007.



     10. This Court retains exclusive jurisdiction of this action for the purpose of insuring
compliance with this Judgment.



	 	 	 	 	 
	 

	 	 	 	 
	Dated:                     , 2007

	 	 

Rya W. Zobel
	 	 
	 

	 	UNITED STATES DISTRICT JUDGE	 	 






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          The parties hereby stipulate and agree to entry of the foregoing judgment as a final
judgment in this action.




	 	 	 	 	 
	 

	 	 	 	 
	PALOMAR MEDICAL TECHNOLOGIES,

	 	ALMA LASERS, INC.	 	 
	INC. and THE GENERAL HOSPITAL
	 	 	 	 
	CORPORATION
	 	 	 	 
	 
	 	 	 	 
	By their attorneys,

	 	By its attorneys,	 	 
	 
	 

Wayne L. Stoner (BBO #548015)

	 	 

John J. Cotter (BBO # 554524)
	 	 
	Vinita Ferrera (BBO #631190)

	 	Thomas A. Turano (BBO # 552168)	 	 
	Kate Saxton (BBO #655903)

	 	David A. Simons (BBO # 638740)	 	 
	Wilmer Cutler Pickering Hale and Dorr LLP

	 	Kirkpatrick & Lockhart Nicholson Graham LLP	 	 
	60 State Street

	 	State Street Financial Center	 	 
	Boston, Massachusetts 02110

	 	One Lincoln Street	 	 
	Tel.: (617) 526-6000

	 	Boston, Massachusetts 02111	 	 
	Fax: (617) 526-5000

	 	(617) 261-3100	 	 
	 
	 	 	 	 
	Dated:                    , 2007

	 	Dated:                    , 2007	 	 






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