SAN JOSE, Calif., Nov. 21 /PRNewswire-FirstCall/ -- VNUS Medical Technologies, Inc. announced today that United States District Judge Maxine M. Chesney of the United States District Court for the Northern District of California issued a Markman order in the litigation brought by VNUS Medical Technologies against Diomed Holdings, Inc. and Diomed, Inc., AngioDynamics, Inc. and Vascular Solutions, Inc. (the “defendants”). VNUS Medical Technologies has filed patent litigation against the defendants, alleging they infringe U.S. Patent Nos. 6,638,273, 6,258,084, 6,752,803 and 6,769,433 (the “patents-in-suit”).
Markman hearings, also known as claims construction hearings, are typically held to determine the meaning of certain words or phrases in the claims of the asserted patents prior to the commencement of trial. The Court’s Markman Order of November 20, 2006 addressed a number of disputed claim terms in the four patents-in-suit. The Court agreed with VNUS Medical’s proposed constructions on key terms including:
-- The patents-in-suit are not limited to catheters with electrodes.
-- The claim term “energy application device” refers to a device for delivering energy, including, but not limited to, RF energy, microwaves, ultrasound, direct current, circulating heating fluid, radiant light, laser and thermal energy.
-- The claim term “effectively occlude” is properly construed as “significantly reduce the flow of blood through the treated hollow anatomical structure, including, but not limited to, full-lumen closure.”
Brian E. Farley, President and Chief Executive Officer, stated, “VNUS pioneered the field of endovenous treatment approximately a decade ago and has carefully developed our patent portfolio over the years. This ruling by the Court is a significant step towards the protection of our valuable intellectual property.” “We are extremely pleased with the Court’s Markman decision and look forward to proceeding to trial against Diomed, AngioDynamics and Vascular Solutions,” said Charlene A. Friedman, Vice President and General Counsel. Trial is scheduled to begin in October 2007. VNUS Medical Technologies is seeking remedies including a permanent injunction, lost profits, royalties and enhanced damages for willfulness.
To view the Court’s Markman order please visit the investor relations page at www.vnus.com/markman.pdf.
About VNUS Medical Technologies, Inc.
VNUS is a leading provider of medical devices for the minimally invasive treatment of peripheral vascular disease, including venous reflux, a progressive condition caused by incompetent vein valves in the leg. VNUS sells the VNUS Closure system, which consists of a proprietary radiofrequency (RF) generator and proprietary disposable endovenous catheters and devices to treat diseased veins through the application of temperature-controlled RF energy. For more information, please visit the corporate website at www.vnus.com.
Forward-Looking Statements
In addition to statements of historical facts or statements of current conditions, VNUS has made forward-looking statements in this press release. Words such as “expects,” “believes,” or variations of such words and similar expressions, are intended to identify such forward-looking statements in this press release, including statements relating to the pending patent litigation. Actual results may differ materially from current expectations based on a number of factors, including, but not limited to, any reconsideration or appellate review of the Markman ruling, as well as the timing and results of future proceedings in the litigation, including trial. The reader is cautioned not to unduly rely on these forward-looking statements. VNUS expressly disclaims any intent or obligation to update these forward-looking statements except as required by law.
Additional information concerning VNUS can be found in press releases issued by VNUS and VNUS’ periodic public filings with the Securities and Exchange Commission (SEC), including its Quarterly Report on Form 10-Q filed with the SEC on November 14, 2006 and its Annual Report on Form 10-K filed with the SEC on March 14, 2006. Copies of VNUS’ press releases and additional information about VNUS are available on the corporate website at www.vnus.com.
VNUS Medical Technologies, Inc.
CONTACT: Brian Farley, President and Chief Executive Officer,+1-408-360-7200, or Charlene Friedman, Vice President, General Counsel andSecretary, +1-408-360-7200, or ir@vnus.com, both of VNUS MedicalTechnologies, Inc.
Web site: http://www.vnus.com/
