Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:O6—cv—OOOO2-GI\/IS Document 11-6 Filed O2/14/2006 Page 1 014

Casle 1:06-c]tS¤OOO92-Gl\/IS Document 11-6 Filed O2/14/2006 Page 2 of?
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J V, i ky yy i‘—, vascular solutions concedes on Diomed’s Trademark and i
_ _i>` i@g¥i{P,{ AMo0vER, MA, July 13, 2005, beamed Holdings, Inc. (AMEX;
”,`, Q`.QQQLEQfQ,Q§j.1ZZ§I,LTI;/J§;,Qi,QQ§,§§§Q;;,,§'fQ;Qw;;,;X._; DIO), a leading developer and marketer of minimally invasive g
medical technologies, including its patented EVLT® laser procedure E
_ A /, ` ’? i»,’ J Y·»¥·1i}.?YY¥]°‘Z’f?fQ;e[{YQ°i»` for varicose veins, today announced the results of the hearing held
in its pending case against Vascular Solutions, Inc. and a former
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NEWS Vascular Solutions employee, asserting counts for misappropriation Q
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_ ,A,,A ,, . i . , . g of certain Diomed trade secrets relating to the EVLT® treatment,
, T _ il trademark infringement, and commercial disparagement.
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_i§~, @J,.>¢f»isy`» i M S At the hearing, under questioning from Judge Rya Zobel of the €
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ffiftiitfj ¢#i·»-ii j ( '\»l . Massachusetts, Vascular Solutions conceded that it would stipulate
to desist from any further use of the mark ELT, which Diomed
alleged infringes Diomed‘s federally—registered EVLT® trademark.
, . I [ ,l,l, 1 '.’’i `.l' ` ,`,` _ Vascular Solutions further sti ulated that it would desist from an g
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,_ii i, further dissemination of the defamatory statements alleged in l
[_,¤{g ’,_»' e f , V V Diomed‘s complaint. E
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»~ ,·.» »./ii» ¤~:>,»» » ~iii J d e Zobel reserved ud ment on a number of remainin issues in
V ,’·, of , /,, Vgii ~ the case, including Diomed‘s claims for trade secret l
_°“fF“§ <’'’ TTTZTTY"f_“"TC‘j’Tf?f?‘jT'T7“Ti`TTi*”TT”§’f7TT7T `i``` T Tis misappropriation. She is expected to issue a ruling relating to those
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T , EM¤%IL·¤¤»¥ER?F$,_i/all//,1 · 5,, claims at a subsequent date.
lg". Ar.»/.V. V.V.V. I ./.`, /.,V’.A lt J,A ;r;..;.;H.; V.,’. G`.A..‘,.;;· ,;i§
JV , ·»/=,l’ "Diomed is pleased that, as a result of this litigation, a competitor
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7 _i__ l;,;Q;.;i;§; i,_i [5,é;,;=>_,;,,;,’;,;» gyvv y yy, has agreed to respect Diomed‘s intellectual property/’ stated James E
Wylie, President and Chief Executive Officer of Diomed Holdings,
Inc. “Diomed's patents and trademarks relating to its EVLT® laser §
vein treatment procedure are valuable intellectual property rights l
and we will continue to aggressive! rotect this investment" { ‘
V D
This case is unrelated to the ongoing suit against Vascular §
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Ngv%sEc1égS§—cB}gQ1Q92-GMS Document 1 1-6 Filed 02/14/2006 Pagggi 9fO¢i3
Solutions and other competitors for infringement of
patent relating to laser vein ablation, which is pending before a
different judge in the same federal court in Massachusetts. Diomed
continues to pursue its separate patent suits against Vascular
Solutions, Angiondynamics, Inc., Total Vein Solutions, LLC, and
CoolTouch, Inc. for infringement of Diomecl‘s United States Patent
Number 6,398,777 covering the endovascular laser treatment of
varicose veins.
’ About Diomed
Diomed develops and commercializes minimally invasive medical
procedures that use its proprietary laser technologies and
disposable products. Diomed focuses on Endovenous Laser
Treatment (EVLT®) for use in varicose vein treatments,
photodynamic therapy (PDT) for use in cancer treatments, and
dental and general surgical applications. The EVLT® procedure and
the Company‘s related products were cleared by the United States
FDA in January of 2002. Along with lasers and single—use procedure
kits for EVLT®, 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® 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
associated with trends in the products markets, reliance on third
party distributors in various countries outside the United States,
reoccurring orders under OEM contracts, market acceptance risks,
technical development risks and other risk factors. These
statements relate to our future plans, objectives, expectations and
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
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
discussion of certain risks, including those relating to our business
as a medical device company without a significant operating record
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Ca :06- 4000 2-Gl\/IS Document 11-6 Filed 02/14/2006 Pa 4 f
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and with operating losses, our risks relating to our ;
commercialization of our current and future products and °° `
applications and risks relating to our common stock and its market ‘
value. Diomed disclaims any obligation or duty to update or correct
any of its forward-looking statements.
‘i -»/»>t-/y» /~¤ai »‘ii4 i ,

DIDMED
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