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Litigation In Brief

This article was originally published in The Gray Sheet

Executive Summary

Diomed patent case proceeds to trial: U.S. District Court for Massachusetts finds that Diomed's patent on endovascular laser treatment for varicose veins is valid and enforceable. In a sealed order, dated Aug. 30, the Massachusetts court grants Diomed's motion for summary judgment, rejecting the patent invalidity claims by AngioDynamics and Vascular Solutions. The ruling relates to Diomed's patent on its EndoVenous Laser Treatment, which it acquired in 2003. The firm brought charges in 2004 against AngioDynamics (VenaCure) and Vascular Solutions (Vari-Lase) seeking injunctive relief and damages for alleged infringement. With the validity issue decided, Diomed is cleared to proceed to trial, expected to commence in 2007. The defendants hold that the decision is not a determination of whether patent infringement has actually occurred...

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