March 28, 2007
AngioDynamics and Vascular Solutions Found To Infringe EVLT(R)
Patent
ANDOVER, Mass.--(BUSINESS WIRE)--March 28, 2007--Diomed
Holdings, Inc. (AMEX: DIO - News), a leading developer
and marketer of minimally invasive medical technologies,
including its patented EndoVenous Laser Treatment
(EVLT(R)) for varicose veins, today announced
that, in its trial to prosecute its U.S. EVLT(R)
Patent No. 6,398,777, the jury found AngioDynamics
and Vascular Solutions both liable for infringement.
The case, which began on March 12th, concluded
on March 28th, with the jury verdict finding each
defendant liable for both inducing infringement
and contributory infringement of Diomed's patent,
and awarding a total of $12,460,000.
"We are obviously extremely pleased with
the outcome of this critical case. We are thrilled
that the jury has recognized the value of Diomed's
pioneering patent," stated James A. Wylie,
Jr., President and Chief Executive officer of
Diomed Holdings, Inc. "We plan to immediately
file for a permanent injunction against AngioDynamics
and Vascular Solutions which, if granted, will
require both companies to cease marketing their
infringing products. We are hopeful for an early
ruling from the court which will allow us to focus
our efforts on growing this exciting market."
In January 2004, Diomed commenced legal action
in the United States Federal District Court for
the District of Massachusetts 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, CoolTouch
(New Star Lasers) and Total Vein Solutions later
in 2004. The later two actions are still pending
under the jurisdiction of the same Court and are
expected to move to trial later this year.
"This decision radically alters the competitive
landscape in the treatment of venous disease and
is expected to have a significant impact on our
financial performance going forward," added
David B. Swank, Chief Financial Officer of Diomed.
"At existing growth rates, AngioDynamics
and Vascular Solutions sales represent approximately
$20 to $25 million in annual customer demand and
we have already initiated plans to maximize our
share of that business. We also expect that the
ability to recover royalty payments and the elimination
of the legal burden associated with the '777 litigation
to assist in improving our financial performance."
"The process of protecting our intellectual
property rights has been lengthy and expensive,"
Mr. Wylie concluded. "We will now be able
to focus our resources on accelerating the development
of the laser market for treatment of varicose
veins, particularly in reaching out and educating
patients about the advantages of endovenous laser
treatment over alternative procedures."
Further details regarding the decision will be
made available upon its release by the court for
publication.
Diomed will hold a conference call to review
the patent litigation decision on Thursday, March
29, 2007, at 10:00 a.m. (Eastern Time) and will
be hosted by James A. Wylie, Jr., President and
Chief Executive Officer, and David B. Swank, Chief
Financial Officer.
Interested parties may access the conference
call by dialing 800.901.5247 (domestic) or 617.786.4501
(international), participant pass code 72321596.
The call will also be available via web cast at
www.diomedinc.com.
If you are unable to participate, an audio digital
replay of the call will be available from Thursday,
March 29, 2007 12:00 p.m. Eastern Time, until
April 3, 2007, 12:00 p.m. Eastern Time. The digital
replay can be accessed by dialing 888-286-8010
(domestic) or 617-801-6888 (international), using
pass code 56597417. A web archive will also be
available during this time period at www.diomedinc.com.
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.
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 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.
CONTACT: Diomed Holdings, Inc.
Christopher J. Geberth, 866-4DIOMED
VP Finance
cgeberth@diomedinc.com
or
Burns McClellan
Carney Noensie, 212-213-0006
Investor Relations
cnoensie@burnsmc.com
SOURCE: Diomed Holdings, Inc.
|