Court Sets June Trial Date in Patent Litigation
January 14 2008 - 11:36AM
Business Wire
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 District Judge Maxine M. Chesney of the U.S.
District Court for the Northern District of California has set June
23, 2008 as the date for the commencement of trial in the ongoing
patent infringement proceeding brought by VNUS Medical
Technologies, Inc. against Diomed and its co-defendants,
Angio-Dynamics, Inc. and Vascular Solutions, Inc. Diomed expects
the trial to last up to four weeks. "We are pleased that the court
has selected a date for the trial," stated James A. Wylie, Diomed's
President and Chief Executive Officer. "We are looking forward to
establishing that Diomed does not infringe the VNUS patents, and
that the VNUS patents are both invalid and unenforceable." 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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