Court Rules in Markman Hearing on VNUS Patents
21 Noviembre 2006 - 11:24AM
Business Wire
Diomed, Inc., a subsidiary of Diomed Holdings, Inc. (AMEX: DIO), a
leading developer and marketer of minimally invasive medical
technologies, today announced that on November 20, 2006, Judge
Maxine Chesney of the United States Federal District Court for the
Northern District of California has issued a �Markman� order
construing the meaning of certain language in a series of patent
claims asserted against Diomed by VNUS Medical Technologies, Inc.
In July 2005, VNUS Medical Technologies, Inc. filed a lawsuit
against Diomed in the United States District Court for the Northern
District of California alleging infringement of four of its U.S.
patents. Diomed filed responses denying the allegations of
infringement, and counterclaiming against VNUS for a declaration
that none of the patents are infringed, that they are all invalid,
and that two of VNUS' patents are unenforceable for inequitable
conduct. In October 2005, VNUS served an amended complaint adding
AngioDynamics, Inc. and Vascular Solutions, Inc., as defendants.
The Company is now proceeding with the discovery phase of this
litigation. The court conducted a Markman hearing on October 30,
2006. �In Markman hearings such as these, judges offer
interpretations of patent claims in order to provide the jury a
yardstick with which to clarify ambiguous language within a
patent,� commented David Swank, CFO of Diomed Holdings, Inc. �This
claim construction ruling clears the way for Diomed to proceed with
its defenses that the VNUS patents are not infringed by Diomed�s
EVLT� methodology and, further, that the VNUS patents-in-suit are
deficient and should be struck down.� Diomed anticipates filing, at
an appropriate time in 2007, motions for summary judgment of
non-infringement and invalidity. Summary judgment motions require
that the judge determine whether certain issues can be resolved by
the court as a matter of law without the need for trial. 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, Inc., a subsidiary of Diomed Holdings, Inc. (AMEX: DIO), a
leading developer and marketer of minimally invasive medical
technologies, today announced that on November 20, 2006, Judge
Maxine Chesney of the United States Federal District Court for the
Northern District of California has issued a 'Markman' order
construing the meaning of certain language in a series of patent
claims asserted against Diomed by VNUS Medical Technologies, Inc.
In July 2005, VNUS Medical Technologies, Inc. filed a lawsuit
against Diomed in the United States District Court for the Northern
District of California alleging infringement of four of its U.S.
patents. Diomed filed responses denying the allegations of
infringement, and counterclaiming against VNUS for a declaration
that none of the patents are infringed, that they are all invalid,
and that two of VNUS' patents are unenforceable for inequitable
conduct. In October 2005, VNUS served an amended complaint adding
AngioDynamics, Inc. and Vascular Solutions, Inc., as defendants.
The Company is now proceeding with the discovery phase of this
litigation. The court conducted a Markman hearing on October 30,
2006. "In Markman hearings such as these, judges offer
interpretations of patent claims in order to provide the jury a
yardstick with which to clarify ambiguous language within a
patent," commented David Swank, CFO of Diomed Holdings, Inc. "This
claim construction ruling clears the way for Diomed to proceed with
its defenses that the VNUS patents are not infringed by Diomed's
EVLT(R) methodology and, further, that the VNUS patents-in-suit are
deficient and should be struck down." Diomed anticipates filing, at
an appropriate time in 2007, motions for summary judgment of
non-infringement and invalidity. Summary judgment motions require
that the judge determine whether certain issues can be resolved by
the court as a matter of law without the need for trial. 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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