District Court Sets a Hearing Date in Diomed Patent Litigation

Diomed Holdings, Inc has announced that U.S. District Court for the District of Massachusetts has set a hearing date on December 08, 2006 to establish a trial date for infringement of the U.S. Patent # 6,398,777 (the EVLT patent). Diomed filed a patent infringement lawsuit in January 2004 against AngioDynamics and Vascular Solutions, Inc. seeking injunctive relief and damages for infringement of the EVLT patent covers the EndoVenous Laser Treatment (EVLT) of varicose veins. Diomed, Inc. v. AngioDynamics, Inc. et al. Earlier, this year U.S. District Judge Nathaniel M. Gorton ruled in the favor of Diomed contending that the EVLT patent is both valid and enforceable and rejecting defenses by AngioDynamics and Vascular Solutions that the EVLT patent is invalid and unenforceable. The court further 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.