AngioDynamics says court denies plea against Diomed

Last Updated: 2006-09-11 11:00:26 -0400 (Reuters Health)

BANGALORE (Reuters) - AngioDynamics Inc. on Friday said a U.S. federal court has denied its request to bring a declaratory judgment action against Diomed Holdings Inc. regarding two patents issued to Diomed.

On Sept. 7, the U.S. District Court for Delaware turned down AngioDynamics' request, saying there was not sufficient evidence of a threat of litigation by Diomed, and thus no basis for allowing the case to proceed, AngioDynamics said in a statement.

AngioDynamics brought this case in January 2006, due to concerns that Diomed would "wrongly" sue it for infringement regarding its VenaCure product, the medical device maker said.

The patents relate to a medical device and method that includes graduated markings along a sheath.

"While we are disappointed that the court chose not to hear this case at this time, we are very confident that if any action is initiated against AngioDynamics by Diomed regarding these patents, the patents will be proven invalid in light of very significant prior art and other factors," Eamonn Hobbs, chief executive officer and president of AngioDynamics, said in the statement.

AngioDynamics said this case was unrelated to the litigation brought by Diomed against AngioDynamics and others, regarding Diomed's patent on an endovascular laser treatment of the varicose vein.

Diomed had on Aug. 31 said a federal court had dismissed pleas by AngioDynamics and Vascular Solutions Inc., claiming that Diomed's patent was not valid.