Court Sets Date in Diomed Patent Litigation
06 Noviembre 2006 - 1:45PM
Business Wire
Diomed Holdings, Inc. (AMEX: DIO), a leading developer and marketer
of minimally invasive medical technologies, including its patented
EndoVenous Laser Treatment (EVLT�) for varicose veins, today
announced that the United States Federal District Court for the
District of Massachusetts has set a hearing date on December 8,
2006 to establish a trial date for its �777 patent litigation
against its primary competitors AngioDynamics and Vascular
Solutions, Inc. In January 2004, Diomed commenced legal action in
the against AngioDynamics, seeking injunctive relief and damages
for infringement of Diomed's pioneering United States Patent Number
6,398,777 which covers the endovascular laser treatment of varicose
veins. Diomed acquired exclusive rights to the patent from the five
inventors of the procedure in September 2003. Diomed initiated
similar actions against Vascular Solutions and two other
competitors later in 2004. Earlier this year U.S. District Judge
Nathaniel M. Gorton ruled that Diomed's U.S. Patent No. 6,398,777
is both valid and enforceable. In granting Diomed's motion for
summary judgment, the court rejected defenses advanced by
defendants AngioDynamics and Vascular Solutions that Diomed's
patent was invalid and unenforceable. The court denied separate
motions by each of the parties for summary judgment on the issue of
infringement by the defendants, in effect ruling that Diomed is
entitled to proceed to trial on its claims for an injunction and
damages against the defendants. "We are very pleased to have a firm
date to schedule the trial," stated James A. Wylie, Jr., President
and Chief Executive Officer of Diomed Holdings, Inc. "We are very
much looking forward to the successful conclusion to this important
litigation." About Diomed Diomed develops and commercializes
minimal and micro-invasive medical procedures that use its
proprietary laser technologies and disposable products. Diomed�s
EVLT� 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� 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� 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� is a
registered trademark of Diomed Inc., Andover, MA. 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 Annual Report on Form SEC
10-KSB/A (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 23 through 38 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. Diomed Holdings, Inc. (AMEX:
DIO), a leading developer and marketer of minimally invasive
medical technologies, including its patented EndoVenous Laser
Treatment (EVLT(R)) for varicose veins, today announced that the
United States Federal District Court for the District of
Massachusetts has set a hearing date on December 8, 2006 to
establish a trial date for its '777 patent litigation against its
primary competitors AngioDynamics and Vascular Solutions, Inc. In
January 2004, Diomed commenced legal action in the against
AngioDynamics, seeking injunctive relief and damages for
infringement of Diomed's pioneering United States Patent Number
6,398,777 which covers the endovascular laser treatment of varicose
veins. Diomed acquired exclusive rights to the patent from the five
inventors of the procedure in September 2003. Diomed initiated
similar actions against Vascular Solutions and two other
competitors later in 2004. Earlier this year U.S. District Judge
Nathaniel M. Gorton ruled that Diomed's U.S. Patent No. 6,398,777
is both valid and enforceable. In granting Diomed's motion for
summary judgment, the court rejected defenses advanced by
defendants AngioDynamics and Vascular Solutions that Diomed's
patent was invalid and unenforceable. The court denied separate
motions by each of the parties for summary judgment on the issue of
infringement by the defendants, in effect ruling that Diomed is
entitled to proceed to trial on its claims for an injunction and
damages against the defendants. "We are very pleased to have a firm
date to schedule the trial," stated James A. Wylie, Jr., President
and Chief Executive Officer of Diomed Holdings, Inc. "We are very
much looking forward to the successful conclusion to this important
litigation." 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 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 Annual Report on Form SEC
10-KSB/A (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 23 through 38 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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