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Case 1:06-cv-00002-GI\/IS Document 4-4 Filed O1/17/2006 Page1 0f 4

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I Diomed Receives Notice of Allowance for Key U.S. EVLT
STQW *"*’°l Anooven, Mass., Jul 26, 2005 (nusmsss wine) -- ommeu, mc.,
. , . 4 a subsidiary of Diomed Holdings, Inc. (AMEX: DID). 6 leading .
INyEg;°R FAQS developer and marketer of minimally invasive medical technologies,
U today announced that it has received a Notice of Allowance from U
the U.S. Patent and Trademark Ofnce allowing a patent
NEWS encompassing a proprietary marked introducer sheath for use with
-4 - - - 4 _ its patented EVLT(R)laser treatment for varicose veins. _
EVENTS,
_ The new patent, which includes both product and method claims,
i I covers use of an introducer sheath that has graduated markings to
SEC FILINGS · . . . .
aid a physician in moving the laser flber through the veln at a ·
. desired rate during the procedure. Diomed introduced this technical
FINANCIAL innovation to the market in the fourth quarter of 2003. Currently, C
REP°R-*,5 all EVLT(R) procedure kits sold by Diomed contain the marked
, , . . _ introducer sheath covered by the patent. _ 4
mso Request
"This Notice of Allowance is a significant accomplishment for
A __i4_i tllh _ l,`‘ V , h Q ‘ Diomed," stated James A. Wylie, President and Chief Executive Q
I . Ofncer of Diomed Holdings, Inc. "Complementing our pioneering
. , 0 , U.S. Patent No. 6,389,777, which covers intraluminal laser veln 4
g 4 ` C I ° 4 treatment procedures, the new patent will provide Diomed with yet Q
EM/HL Ai-ERTS V another competitive tool by further strengthening our existing 2
I patent portfolio."
HOME U ' ·
, Diomed is currently pursuing patent suits in federal court ln Boston U
against Vascular Solutions, Inc., AngioDynamics, Inc., Total Vein
Solutions, LLC, and CoolTouch, Inc. for infringement of Diomed's
U.S. Patent Number 6,398,777 covering intraluminal laser
treatment of varicose veins. The AngioDynamics and Vascular
Solutions patent suits are in the discovery stage which is scheduled ,
A to be concluded in September. The other cases are earlier in the
legal process.
http://ir.diomedinccom/phoeniJ<.zhtr11l?c=130934&p=i1·o1-newsArticle&I,D=735076&}1ig... 12/05/2005 V

Case 1:06-cv-00002-Gl\/IS Document 4-4 Filed O1/17/2006 Page 3 of 4
- Diomed Page 2 of 3
In a separate suit unrelated to the U.S. Patent 6,398,777
infringement lawsuits, Diomed is taking action against Vascular j
Solutions and one of its former employees for trade secret r
misappropriation relatedito their introduction and sale of a marked
sheath. .
Diomed declined to comment on how the new patent may impact
its litigation strategy to protect its intellectual property including j
patents and trade secrets. v
_ About Diomed ~
Diomed develops and commercializes minimally invasive medical
procedures that use its proprietary laser technologies and i
disposable products. Diomed focuses on Endovenous Laser
Treatment (EVLT(R)) for use in varicose vein treatments, ~
photodynamic tl1erapy (PDT) for use in cancer treatments, and
dental and general surgical applications. The *EVLT(R) procedure
and the Company's related products were cleared by the United V
States FDA in January of 2002. Along with lasers and single-use ,
procedure kits for EVLT(R), the Company provides its customers
_ with state of the art physician training and practice development
support. Additional information is available on the Company’s
website, www.evlt.com. EVLT(R) is a registered trademark of
Diomed, Inc., Andover, MA.
Safe Harbor statements under the Private Securities Litigation
Reform Act of 1995: Statements in this news release looking
forward in time involve risks and uncertainties, including the risks P
associated with trends in the products markets, reliance on third
party distributors in various countries outside the United States, _
reoccurrlng orders under OEM contracts, market acceptance risks,
technical development risks and other risk factors. These
statements relate to our future plans, objectives, expectations and A
intentions. These statements may be identified by the use of words
such as "may," "will," "should," "potential/' "expects,"
"anticipates," “intends," "plans," “believes“ and similar expressions.
These statements are based on our current beliefs, expectations i
and assumptions and are subject to a number of risks and
uncertainties. Our actual results could differ materially from those .
discussed in these statements. Our Annual Report on Form SEC 10-
KSB (the "Annual Report") contains a discussion of certain of the
risks and uncertainties that affect our business. We refer you to the
"Risk Factors*' on pages .22 through 37 of the Annual Report for a
e discussion of certain risks, including those relating to our business
as a medical device company without a significant operating record
and with operating losses, our risks relating to our
commercialization of our current and future products and
http://ir.diomediI1c.con1/phoeriix.Zhtm1‘?c=l30934&p=irol-newsArtic1e&ID=735076&hig... 12/05/2005 _

_ Case 1 :06-cv-00002-Gl\/IS Document 4-4 Filed 01/17/2006 Page 4 of 4
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applications and risks relating to our common stock and its market ·
value. Diomed disclaims any obligation or duty to update or correct Z
any of its forward-looking statements. 2
SOURCE: Diomed, Inc. e
Diomed Holdings, Im:. X
Christopher J,. Geberth, 87T7—434—6633 or 978—8j2/-1-1816
investor- relation-s@diomedinc . com ·
on l
_ Investor Relations: U q
Cameron Associates V
Al Palombo, .212—554»·5488
BIGCBHIEIOHESSOC. com
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http://i1‘.diomedi11c.com/ph0enix.zl11111l?c=l30934&p=iro1—newsArticlc&ID=735076&hig... 12/05/2005 .