SAN JOSE, Calif., Oct. 3 /PRNewswire-FirstCall/ -- The patent lawsuit by VNUS(R) Medical Technologies, Inc. against three endovenous laser competitors, Diomed, AngioDynamics and Vascular Solutions, is set to proceed to trial after the court’s denial of summary judgment motions filed by both sides. In its motions VNUS had asked the court to decide before trial that the three defendants infringed the VNUS patents, while the defendants countered with their own motions seeking pre-trial rulings that the VNUS patents were invalid. The court denied all but one of the motions, deferring for later decision one of the defendants’ patent invalidity motions. The court asked VNUS for an additional brief on the deferred invalidity motion because the defendants had raised a new argument in their most recent brief on the issue, and the court sought a response from VNUS before deciding. According to an order issued on Oct. 3, a decision is expected from the court sometime after VNUS submits its additional brief on Oct. 12.
VNUS CEO Brian Farley commented: “Although both sides would have been pleased to have the court grant their respective pre-trial motions, we look forward to putting forth our case in a full trial. We feel strongly that the more the court hears about the success of our technology and the impact it has had on patients’ lives, the more compelling our case becomes.”
ABOUT VNUS MEDICAL TECHNOLOGIES, INC.
Founded in 1995 and headquartered in San Jose, California, VNUS Medical Technologies is a worldwide leader in medical devices for the minimally invasive treatment of venous reflux disease, a progressive condition that causes the varicose veins afflicting 25 million Americans. The pioneering company in the field, VNUS now offers the ClosureFAST(R) system, which consists of a proprietary radiofrequency (RF) generator and proprietary disposable endovenous catheters and devices to close diseased veins through the application of temperature-controlled RF energy. VNUS devices have been used in more than 200,000 procedures worldwide. For more information, please visit http://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 “thinks,” “believes,” “feels” or variations of such words and similar expressions, are intended to identify such forward-looking statements in this press release. Actual results may differ materially from current expectations based on a number of factors affecting the conduct of the patent lawsuit discussed herein, including, among other things, ambiguity and unforeseen changes in the relevant law, the composition and behavior of a jury, the degree of credibility with which witnesses testify, and the inherent unpredictability of civil litigation and civil trials. 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 these and other risk factors can be found in press releases issued by VNUS and VNUS’ periodic public filings with the Securities and Exchange Commission (SEC), including its Annual Report on Form 10-K filed with the SEC on March 30, 2007. Copies of VNUS’ press releases and additional information about VNUS are available on the corporate website at http://www.vnus.com .
CONTACT: Brian Farley, President and Chief Executive Officer of VNUS
Medical Technologies, Inc., +1-408-360-7499, ir@vnus.com
Web site: http://www.vnus.com/
