Court Rules On Contempt Motion in Diomed Patent Litigation
January 16 2008 - 1:19PM
Business Wire
Diomed Holdings, Inc. (AMEX: DIO - News), a leading developer and
marketer of minimally invasive medical technologies, including its
patented EndoVenous Laser Treatment (EVLT�) for varicose veins,
today announced U.S. District Judge Nathaniel M. Gorton�s ruling on
Diomed�s motion for contempt against AngioDynamics and Vascular
Solutions based on the continuing sales of certain laser consoles
for the endovenous treatment of varicose veins. Judge Gorton
confirmed the permanent injunction that he originally entered in
July 2007 against AngioDynamics and Vascular Solutions covering the
sale of both those lasers that were the subject of the infringement
proceeding and those that are no more than �colorable variations�
of those laser consoles. Judge Gorton did not extend the injunction
to those lasers that are being sold with modified versions of the
competitors� disposable procedure kits. Diomed did not request that
the court rule on whether the modified kits themselves infringed
Diomed�s patent. In January 2004, Diomed commenced legal action in
the United States Federal District Court for the District of
Massachusetts against AngioDynamics, seeking injunctive relief and
damages for infringement of Diomed's pioneering "777" patent.
Diomed initiated similar infringement actions against Vascular
Solutions and two other competitors later in 2004. In August 2006,
Judge Gorton ruled that Diomed's '777 patent is both valid and
enforceable and, in the trial ending on March 28, 2007, the jury
found AngioDynamics and Vascular Solutions liable for both inducing
infringement and contributory infringement of Diomed's patent,
awarding Diomed a total of $14.7 million in damages. "Although the
Court was not prepared to find at this time that the Defendants are
in contempt of the injunction, it did reaffirm that they are
prohibited from selling laser consoles for use with kits found by
the jury to infringe,� said James A. Wylie, President and CEO of
Diomed. �We remain concerned that the modified kits recently
launched by the defendants are being sold with little or no long
term clinical data. The existing permanent injunction continues to
prohibit the defendants from promoting, marketing or selling bare
tipped fibers for use in the procedure --- and we continue to gain
customers who have been disappointed with the results they received
by utilizing their modified kits.� About Diomed Diomed develops and
commercializes minimal and micro-invasive medical procedures that
use its proprietary laser technologies and disposable products.
Diomed's EVLT(R) laser vein ablation procedure is used in varicose
vein treatments. Diomed also provides photodynamic therapy (PDT)
for use in cancer treatments, and dental and general surgical
applications. The EVLT(R) procedure and the Company's related
products were cleared by the United States FDA in January of 2002.
Along with lasers and single-use procedure kits for its EVLT(R)
laser vein treatment, the Company provides its customers with state
of the art physician training and practice development support.
Additional information is available on the Company's website:
www.evlt.com. EVLT(R) is a registered trademark of Diomed Inc.,
Andover, MA. Safe Harbor Safe Harbor statements under the Private
Securities Litigation Reform Act of 1995: Statements in this news
release looking forward in time involve risks and uncertainties,
including the risks associated with trends in the products markets,
reliance on third party distributors in various countries outside
the United States, reoccurring orders under OEM contracts, market
acceptance risks, technical development risks and other risk
factors. These statements relate to our future plans, objectives,
expectations and intentions. These statements may be identified by
the use of words such as "may," "will," "should," "potential,"
"expects," "anticipates," "intends," "plans," "believes" and
similar expressions. These statements are based on our current
beliefs, expectations and assumptions and are subject to a number
of risks and uncertainties. Our actual results could differ
materially from those discussed in these statements. Our 2006
Annual Report on Form SEC 10-KSB (the "Annual Report") contains a
discussion of certain of the risks and uncertainties that affect
our business. We refer you to the "Risk Factors" on pages 19
through 34 of the Annual Report for a discussion of certain risks,
including those relating to our business as a medical device
company without a significant operating record and with operating
losses, our risks relating to our commercialization of our current
and future products and applications and risks relating to our
common stock and its market value. Diomed disclaims any obligation
or duty to update or correct any of its forward-looking statements.
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