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

Case 1:O6—cv—OOOO2-GI\/IS Document 11-3 Filed O2/14/2006 Page 1 014

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` > 111»V1 1\11 ¥es¢i*ié>i1‘·11¤i»’zii¤>1»!é1ii ANDOVER MA July 22 2005 —-— Diomed Holdings, Inc. (AMEX: ‘
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. /111 V); 111111 1_11 V 1‘/1 , DIO), a leading developer and marketer of minimally invasive
;%ir“ij**i 1,V1 j i11;V1f?jji1 V1111· fyi 111111AAA`*`·111’ r 1`ri 1: medical technologies, including its patented EVLT® treatment for
varicose veins, today responded to a press release asserting that it E
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'_''’ 'T’!TY'1T’[’.`T">. '[QVIT1 QL Vl'' YT? /',’ '"Y[Tf” '_,` s The announcement, made by VNUS yesterday evening, states that
~ ”`»'_ I _".?;QjQj_L1i1 ,VV` Q? VNUS filed an action in the United States District Court, Northern
“ 1',` . `QQCQ ”1Q,_V;Y ,,`”_ gf d`1” QV District of California, alleging that Diomed infringes several of
[SEC VNUS‘ patents. According to the release, the action seeks an
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V,11 i V__ .j _.g'1 .1'‘,g 1.,1, 11i ,1., 11 1,,1 11111 1; January 2002,” stated James A. Wylie, President and Chief
Executive Officer. “The timing of this action raises serious questions
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,_,.,` —_,,.» if 1Ah' 3 Mr. Wylie further went on to say, "We had no prior warning of the
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11 V _ V _ V V V lawsuit and have not been served with the Complaint Accordingly
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· 11··i 1 _ V··· ‘V`·V V; we have no knowledge of the allegations other than the VNUS Q
,»». , V— ;, VV_’ _ press release. Diomed takes intellectual property rights seriously, g
J 7: 1 t 0 ° I 'ViV'A' »/id 1*11 l»`1' ¤1 vigorously enforces its own patent rights, and has no reason to
believe that it infringes any patent claims of VNUS. Diomed will be
in a position to comment further once we have seen the E
Complaint."

The Company declined further comment, but expects to provide an
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NCasIe 1:06-cfs-00092-Gl\/IS Document 11-3 Filed 02/14/2006 Page 3 gf?
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update on the status of the action during its scheduled second il J
quarter conference on Thursday, July 28th.
2
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
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.

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