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Court Rules in Markman Hearing on VNUS Patents.


ANDOVER, Mass. -- Diomed, Inc., a subsidiary of Diomed Holdings, Inc. (AMEX AMEX

See: American Stock Exchange
: DIO DIO Diode
DIO Digital Input/Output
DIO Defence Intelligence Organisation (Australia)
DIO Designated Institutional Official
DIO Days Inventory Outstanding
DIO Data Input-Output
DIO Defence Industries Organisation
), 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 The United States District Court for the Northern District of California is the Federal district court whose jurisdiction comprises following counties: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa  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 amended complaint n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers),  adding AngioDynamics, Inc. and Vascular Solutions, Inc., as defendants. The Company is now proceeding with the discovery phase of this litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called 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 See Chief Financial Officer.  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 EVLT Endovenous Laser Treatment [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 PDT
abbr.
Pacific Daylight Time


PDT Pacific Daylight Time

PDT n abbr (US) (= Pacific Daylight Time) → hora de verano del PacĂ­fico

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 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.
 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 The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  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 (Original Equipment Manufacturer) The rebranding of equipment and selling it. The term initially referred to the company that made the products (the "original" manufacturer), but eventually became widely used to refer to the organization that buys the products and  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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Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Nov 21, 2006
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