Free Opening Brief in Support - District Court of Delaware - Delaware

EXHIBIT A
(CD FILED WITH CLERK'S OFFICE)

Case 1:06-cv-OOOO2-GIVIS Document 9-2 Filed O1/31/2006 Page 2 of 3
EXHIBIT B

A¤sr¤Dy¤oase 1 ids¤¤evFoi>es2-GMS Document 9-2 Filed O1 /31/2006 Page s mss i of 1
News Reiease
AngioDynamics Fiies Complaint Against Diorned Regarding Patent invalidity
DUEENSBURY, N Y ~~(BtJSil\lE$S WIRE)--Jan 3, 2006--AngioDynamics, Inc.. (Nasdaq:Al~lGO) announced
today that it has tiled a complaint in the Llnited States District Court for the District of Delaware against
Diomed, Inc (Al\eE><:DlO) AngioDynarnics is seeking a judgment deciaring that the claims of Diomed’s
recenlty issued 6,981,97l patent, entitled Medical Laser Device, are invalid, unenforceable and not infringed
by the manufacture or sale of AngioDynarriics’ Venafjure system. The 6,981,971 patent relates to a medical
device that includes graduated markings along a sheath used in endovenous taser treatments ln a recent
pubtic announcement. Diorned stated that AngioDynarriics is oifering marked introducer sheaths embraced
by the allowed patent appiication that is now the 6,981,97% patent
"With this action for a deciaratoryjudgment, Angioljynamics is proactively responding to lfliorneds
aliegations by seeking a svvift ruling from the court that the patent in question is invalid, unenforceabte and
not infringed by AngioDynamics," said Eamonn P Hobbs, president and chief executive officer of
AngioDynamics. "The declaratory judgment action supports our strong conviction that the patent is invalid
and cannot be enforced, and we are conndent oi a favorable ruling bythe oourt."
AngioDynamics markets the VenaCure(“l“Nl) endovenous laser system as a minimally invasive aiternative for
the treatment of varicose veins ln January 2004, Diomed filed a iavvsuit against Angiollilynamlcs aileging
patent infringement related to AngioDynarnics' Venaflure endovenous laser treatment system. This suit
involves a single US patent, 6,398,777 covering a soecikc method of varicose vein treatment. The 'YYY law
still is a separate and ongoing case relating to the \/enaCure system
About AngioDynan·iics
AngioDynamics. ini; (vvvvvv.angioriynaniitrs corn) is a tending provider ot innovative medical devices used by
interventional radiologists. vascular surgeons and other physicians for the minimally invasive diagnosis and
treatment of peripheral vascular disease AngioDynamics. Inc designs. develops, manufactures and markets
a broad line of therapeutic and diagnostic devices that enahie interventional physicians, such as
interventional radiologists, vascular surgeons and others, to treat peripherat vascuier diseases and other
norncoronary diseases. AngioDynamic's diverse product iine includes angiographic catheters, hemodialysis
catheters, endovasctilar iaser venous system products, P”i"A dilation balloon catheters, image~—guided
vascular access products, thrombolytic products and drainage products
the statements made in this document contain certain forward-looking statements that involve a number of
risks and uncertainties Words such as "expects," "intends," "anticipatesf "plans," "believes," "seeks."
"estimates," or variations oi such words and simiiar expressions, are intended to identify such forward-
loolcing statements Investors are cautioned that actual events or resuils may differ from the Companys
expectations In addition to the matters described above. the ability of the Company to devetop its products,
iuture actions by the FDA or other regulatory agencies, results of pending or future clinical trials, results of
pending patent litigation, overall economic conditions, general market conditions, market acceptance, foreign
currency exchange rate fluctuations, the effects on pricing from Group Purchasing Organizations,
competition. as well as the risk factors iisted trorn time to time in the SEC filings of AngioDynarnics, Inc.,
including but not limited to its Annual Report on iiorm ‘10~l< for the year ended Ii/lay 28, 2005, may affect the
actual resutts achieved by the Company
CONTACT: Angioflynamics, inc.
Joe Gerardi, 8tl0—772·fi445 xt 15
httpzf/vvwvv angiodynamics corn!
or
Investor Reiations Contacts:
Lippert/Heilshorn St Associates. Inc
Kim Sutton Golodela, 2l2-838-3777
kgotodetz@lhai com
or
Bruce Voss. 3‘lO-591-Tlt)0
iJvoss@lhai com
SOURCE; Angiotiynamics, Inc
hit?Z//il`lV€SfO1“.€tI’1giOdyH&lDiCS.COITJ./pi}Ol’.¢1}i}(.Zi`1iQl"l"i1‘?C=I75488&p=i1`0i·]'1€WSAIiiCi€&ID”79r.. 1/3 i /2006