VNUS Medical Technologies announces favorable ruling in patent case

Nov 23 2006

VNUS Medical Technologies, Inc has announced 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.