AngioDynamics Files Summary Judgment Motion of Non-Infringement in Patent Lawsuit with Diomed.QUEENSBURY, N.Y. -- AngioDynamics, Inc. (Nasdaq:ANGO ANGO Algemene Nederlandse Gehandicapten Organisatie (Dutch: Equal Opportunities for Persons with Disabilities) ) today announced the Company has filed a Motion for Summary Judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers of Non-Infringement in the federal district court in Massachusetts in its patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. lawsuit with Diomed. In January 2004 Diomed, Inc., a subsidiary of Diomed Holdings, Inc., filed a lawsuit against the Company alleging patent infringement related to AngioDynamics' VenaCure(TM) product line. VenaCure is a laser system used for the treatment of severe varicose veins Varicose Veins Definition Varicose veins are dilated, tortuous, elongated superficial veins that are usually seen in the legs. Description . The lawsuit involves a single U.S. patent, Number 6,398,777, covering a specific method of endovascular laser treatment of varicose veins. A Motion for Summary Judgment is a request made to the court to decide the case based on statements and evidence without a trial. The court may grant such a motion when there are no genuine issues of material fact that would require a trial to resolve. With the filing of this motion, the Company is asking the court to dismiss all counts of Diomed's infringement complaint on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers of the submitted evidence. AngioDynamics' motion is based on the comparison of the VenaCure procedure with the disputed claims as construed by the court in its Markman ruling of April 12, 2005. Diomed has also moved for Summary Judgment. "Our motion is based on what we believe to be undisputed facts demonstrating that the VenaCure procedure is materially different from the procedure explained in the Diomed patent. Furthermore our procedure does not include necessary limitations of the patent claims. AngioDynamics specifically instructs users of the VenaCure system to avoid steps that are required by Diomed's patent. We are confident in the strength of our position of non-infringement as outlined in this motion for summary judgment," commented Eamonn P. Hobbs, president and chief executive officer of AngioDynamics. About VenaCure The VenaCure endovascular laser venous system is a patient friendly, minimally invasive alternative for the treatment of severe varicose veins. The VenaCure procedure, which lasts about 45 minutes, offers patients an effective out-patient alternative to surgical ligation ligation /li·ga·tion/ (li-ga´shun) the application of a ligature. tubal ligation sterilization of the female by constricting, severing, or crushing the uterine tubes. and vein stripping. The Company markets and sells the VenaCure laser system throughout the United States. About AngioDynamics AngioDynamics, Inc. (www.angiodynamics.com) is a leading provider of innovative medical devices used by interventional radiologists, vascular surgeons and other physicians for the minimally invasive diagnosis and treatment of peripheral vascular disease Peripheral Vascular Disease Definition Peripheral vascular disease is a narrowing of blood vessels that restricts blood flow. It mostly occurs in the legs, but is sometimes seen in the arms. . AngioDynamics designs, develops, manufactures and markets a broad line of therapeutic and diagnostic devices that enable interventional physicians, such as interventional radiologists, vascular surgeons and others, to treat peripheral vascular diseases and other non-coronary diseases. The Company's diverse product line includes angiographic catheters, hemodialysis catheters, endovascular laser venous system products, PTA PTA or parent-teacher association: see parent education. dilation dilation /di·la·tion/ (di-la´shun) 1. the act of dilating or stretching. 2. dilatation. di·la·tion n. 1. balloon catheters, image-guided vascular access products, thrombolytic thrombolytic /throm·bo·lyt·ic/ (throm?bo-lit´ik) dissolving or splitting up a thrombus, or an agent that so acts. thrombolytic 1. dissolving or splitting up a thrombus. 2. an agent that dissolves or splits up a thrombus. products and drainage products. The statements made in this document contain certain forward-looking statements that involve a number of risks and uncertainties. Words such as "expects," "intends," "anticipates," "plans," "believes," "seeks," "estimates," or variations of such words and similar expressions, are intended to identify such forward-looking statements. Investors are cautioned that actual events or results may differ from the Company's expectations. In addition to the matters described above, the ability of the Company to develop its products, future actions by the FDA FDA abbr. Food and Drug Administration FDA, n.pr See Food and Drug Administration. FDA, n.pr the abbreviation for the Food and Drug Administration. or other regulatory agencies, results of pending or future clinical trials, overall economic conditions, general market conditions, market acceptance, foreign currency exchange rate fluctuations, the effects on pricing from Group Purchasing Organizations, competition as well as the risk factors listed from time to time in the SEC filings of AngioDynamics, Inc., including but not limited to its Annual Report on Form 10-K for the year ended May 28, 2005, may affect the actual results achieved by the Company. |
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