San Diego-based RA Medical Systems Wins Against PhotoMedex

A case alleging theft of trade secrets by a former employee scheduled to go to trial Monday, 5 January 2004, that pitted RA Medical, a small local San Diego County-based medical device company against PhotoMedex (Nasdaq: PHMD), one of the largest companies in its industry, was dismissed when PhotoMedex voluntarily dismissed its complaint on New Years Eve in San Diego County Superior Court.

San Diego, CA (PRWEB) January 8, 2004 --A case alleging theft of trade secrets by a former employee scheduled to go to trial today, Monday, 5 January 2004, that pitted RA Medical, a small local San Diego County-based medical device company against PhotoMedex (Nasdaq: PHMD), one of the largest companies in its industry, was dismissed when PhotoMedex voluntarily dismissed its complaint on New Years Eve in San Diego County Superior Court.

RA Medical Systems Inc., an emerging, medical device company based in Carlsbad, was dragged through lengthy legal action by PhotoMedex, a Pennsylvania-based company with manufacturing facilities in Carlsbad. PhotoMedex has made several claims against RA Medical and Mr. Dean Irwin, RA Medicals founder and former PhotoMedex employee, including conversion, misappropriation of trade secrets, breach of contract, unfair competition, and interference with existing PhotoMedex contracts.

The San Diego County Superior Court on 13 November 2003 ruled in favor of RA Medical and Mr. Dean Irwin, the defendants, against PhotoMedex, a Pennsylvania-based industry leader, granting summary adjudication in three of five causes of action (conversion, intentional interference with PhotoMedexs contractual relationships, and breach of contract). Remaining causes of action for misappropriation of trade secrets and unfair competition were scheduled for trial this week.

Entrepreneurial Rights at Issue
Potentially at stake was the ability of a generation of California entrepreneurs to move on from a former employer to new business ventures.

What they have been trying to do is prevent me from practicing my profession," said Dean Irwin, 41, founder of RA Medical, and a former Vice President of Research and Development for PhotoMedex.
   
We won this case" said Mr. Irwin. PhotoMedex case was totally without merit, a point the Superior Court Judge made on November 13 when he dismissed most of the claims, and a point that was confirmed by PhotoMedex voluntary withdrawal of the rest of its complaint on New Years Eve just as we were about to go to trial. PhotoMedex had approached us to settle and we declined, based on the strength of our case. PhotoMedex then surrendered."

RA Medical is represented by Tracy L. Nation, a partner in Hayes Simpson Greene LLP, based in San Diego, California.

RA Medical Systems (760-804-1648)
RA Medical, based in Carlsbad, designs, develops, and markets an advanced second-generation excimer laser system for the medical treatment of skin diseases, including psoriasis and vitiligo. The PHAROS excimer laser is unique in that it has been specifically engineered to meet the clinical, technical, and business needs of dermatologists.

The PHAROS is smaller and less expensive than the first-generation excimer lasers currently on the market.

Orders from throughout the world have been arriving since mid-2003," said Mr. Irwin. Reception by the dermatology industry makes the case that they have been ready for a more compact and less expensive second-generation device, and PHAROS clearly is it."

The very favorable conclusion of this case will clear us to complete our financing. With our manufacturing in place and our product clearly meeting the needs of the marketplace, we expect that RA Medicals PHAROS will be the new standard in the industry," Mr. Irwin added.

###

This media release may contain forward-looking statements regarding, but not limited to, clinical studies and results of those studies, management, market potential, distributor success, market size, international approvals, FDA clearances, marketing, future events and performance of the company, which involve risks and uncertainties that could materially affect actual results. Investors should refer to documents filed with the SEC for a description of certain factors that could cause actual results to vary from current expectations and the forward-looking statements contained in this media release.