AngioDynamics Receives Favorable Markman Ruling in Diomed Litigation
Yesterday, Judge Sterns of the United States District Court issued the Memorandum and Order on Claims Construction, commonly known as the Markman ruling, in which the court rejected Diomed's interpretation of certain claim limitations. Instead, the Court agreed with AngioDynamics' position on certain claim limitations and, as a result, effectively reinforced AngioDynamics' position that it does not infringe the '777 patent.
In January 2004, Diomed, Inc., a subsidiary of Diomed Holdings, Inc., filed a lawsuit against the Company in the federal district court in Massachusetts, alleging patent infringement related to AngioDynamics' endovascular laser venous system. This system is used for the treatment of severe varicose veins.
The suit involves a single U.S. patent, Number 6,398,777 (the '777 patent), covering a specific method of endovascular laser treatment of varicose veins.
"We are very pleased that the court agreed with AngioDynamics' position on key claim interpretations," said Eamonn Hobbs, president and chief executive officer of AngioDynamics. "This ruling further reinforces our conviction that our Venacure product does not infringe the Diomed patent. We also strongly believe that Diomed's patent is invalid, and we intend to continue to vigorously defend this action."
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 outpatient alternative to surgical ligation and vein stripping. The Company markets and sells the Venacure system throughout the United States.
About AngioDynamics
AngioDynamics, Inc. (www.angiodynamics.com) is a leading provider of products used by interventional radiologists and other physicians for the minimally invasive diagnosis and treatment of peripheral vascular disease.
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 outcome of the Diomed patent litigation, the risk factors listed from time to time in the SEC filings of AngioDynamics, Inc., including but not limited to its Form 10-Q for the quarter ended February 26, 2005, and its Annual Report on Form 10-K for the year ended May 29, 2004, may affect the actual results achieved by the Company.
CONTACT: Company Contact
AngioDynamics, Inc.
William Appling, (800) 772-6446, ext. 130
www.angiodynamics.com
or
Investor Relations Contacts
Lippert/Heilshorn & Associates, Inc.
Kim Sutton Golodetz, (212) 838-3777
kgolodetz@lhai.com
Bruce Voss, (310) 691-7100
bvoss@lhai.com
SOURCE: AngioDynamics, Inc.