Judge Rules for Diomed in '777 Patent Post Trial Hearing
22 Mayo 2007 - 1:38PM
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 that U.S. District Judge Nathaniel M. Gorton ruled
in favor of Diomed in today�s post-trial hearing on Diomed�s United
States Patent Number 6,398,777 regarding the endovascular laser
treatment of varicose veins. At today�s hearing, Judge Gorton
considered pending motions by defendants AngioDynamics and Vascular
Solutions for judgment as a matter of law or a new trial, and
Diomed�s motion for a permanent injunction. In his ruling, Judge
Gorton: Denied the defendants� motion for a new trial; Denied the
defendants� motion for judgment as a matter of law to overturn the
jury verdict; Denied the defendants� request to reduce the amount
of the damages awarded by the jury; and Ruled that Diomed is
entitled to a permanent injunction against infringement by the
defendants. The judge requested that the parties attempt to resolve
the specific wording of the Permanent Injunction. Absent agreement,
the parties are to file papers on the issue within one week and the
judge will promptly enter the Permanent Injunction thereafter. 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 $12.4 million in damages. Today the parties have also
stipulated to an amount representing prejudgment interest and
post-judgment sales that will be added to the damages awarded by
the jury. �We were obviously pleased with the Judge�s ruling on the
post trial motions,� stated James A. Wylie, Jr., President and
Chief Executive Officer of Diomed Holdings, Inc. �Though we
anticipate that the permanent injunction will be comprehensive,
should the defendants attempt to sell any �work arounds,� we would
expect to demonstrate in a separate contempt of court hearing and
upon successful completion of clinical studies, that the new
products are not �colorably different� from their earlier products
and therefore infringe Diomed�s important �777 patent.� 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(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� 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 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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