Court Sets Date in Diomed Patent Litigation.ANDOVER, Mass. -- 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, including its patented EndoVenous Laser Treatment Endovenous Laser Treatment is a minimally invasive image-guided technique in which a catheter bearing a laser fibre is inserted under ultrasound guidance into the great saphenous vein (GSV)[1] or small saphenous vein (SSV) through a small puncture. (EVLT EVLT Endovenous Laser Treatment ([R])) for varicose veins Varicose Veins Definition Varicose veins are dilated, tortuous, elongated superficial veins that are usually seen in the legs. Description , today announced that the United States Federal District Court for the District of Massachusetts has set a hearing date on December 8, 2006 to establish a trial date for its '777 patent 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. against its primary competitors AngioDynamics and Vascular Solutions, Inc. In January 2004, Diomed commenced legal action in the against AngioDynamics, seeking injunctive relief and damages for infringement of Diomed's pioneering United States Patent Number 6,398,777 which covers the endovascular laser treatment of varicose veins. Diomed acquired exclusive rights to the patent from the five inventors of the procedure in September 2003. Diomed initiated similar actions against Vascular Solutions and two other competitors later in 2004. Earlier this year U.S. District Judge Nathaniel M. Gorton ruled that Diomed's U.S. Patent No. 6,398,777 is both valid and enforceable. In granting Diomed's 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 , the court rejected defenses advanced by defendants AngioDynamics and Vascular Solutions that Diomed's patent was invalid and unenforceable. The court 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. "We are very pleased to have a firm date to schedule the trial," stated James A. Wylie, Jr., President and Chief Executive Officer of Diomed Holdings, Inc. "We are very much looking forward to the successful conclusion to this important litigation." 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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