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Press Release

Appeals Court Upholds Exergen Temporal Artery Thermometer Patent Infringement by Helen of Troy’s Braun and Vicks Forehead Thermometers

Posted on: 20 Mar 18

WATERTOWN, Mass., March 20, 2018 (GLOBE NEWSWIRE) -- The United States Court of Appeals for the Federal Circuit (CAFC) on March 8, 2018 decided the appeal in Exergen v. Kaz, finding Exergen’s 7,787,938 patent valid and infringed by the Vicks V977 Forehead Thermometer and the Braun FHT1000 Forehead Thermometer, both supplied by Kaz USA, Inc. of Southborough, MA, a subsidiary of Helen of Troy, Ltd of Hamilton, Bermuda.   The CAFC decision preserves nearly all of the $16 million in damages awarded Exergen by the January 2016 U.S. District Court of Massachusetts jury verdict.

A recognized world leader in medical and industrial non-invasive temperature technologies, Exergen has been developing and patenting its non-invasive thermometer technology for three decades.  The company’s Founder and President, Francesco Pompei, Ph.D., also a Harvard research scientist, is the inventor of nearly 100 patents.

“We are grateful to the U.S. Patent System and the Federal Courts that makes it possible for small companies like Exergen to protect its breakthrough patented technology against much larger businesses,” said Dr. Pompei. “This outcome is testament to our commitment to advancing the state-of-the-art to help our customers meet today’s challenges in healthcare in thousands of hospitals and clinics nationwide, and to giving millions of moms peace of mind when caring for their children.”

Exergen’s patented award-winning TemporalScanner™ temporal artery thermometers are manufactured in Watertown, MA USA from components and materials sourced worldwide.

Exergen manufactures and markets two types of the TemporalScanner thermometer: a professional version for doctors' offices and hospitals, and a consumer model sold in major retailers nationwide. Nearly two billion temperatures are taken each year with the TemporalScanner, more than with any other thermometer.  It is used in thousands of hospitals, clinics and pediatricians' offices across the country, as well as in millions of homes. It is the #1 preference of pediatricians, #1 preference of nurses in the US, and #1 selling retail thermometer. The Exergen TemporalScanner's performance is supported by more than 70 peer-reviewed published studies covering all ages from preterm infants to geriatrics and all care areas from hospitals to homes. For additional information, visit

Contact: Victoria Day
Rosica Public Relations
P: 201.843.5600
2-14 Fair Lawn Avenue
Fair Lawn, New Jersey 07410


Last updated on: 21/03/2018

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