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

Case 1 :06-cv—00002-GIVIS Document 11-15 Filed 02/14/2006 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
. )
ANGIODYNAMICS, INC., )
)
Plaintifi )
) Civil Action No. 06-002 (GMS)
v. g
DIOMED HOLDINGS, INC., )
)
Defendant. )
)
DECLARATION OF DAVID W. DOSTER
IN SUPPORT OF ANGIODYNAMICS, INC.'S
ANSWER TO DIOMED HOLDINGS, INC.'S
MOTION TO DISMISS
I, David W. Doster, declare as follows:
l. I am currently the Product Manager for the VenaCure"" product line for
AngioDynamics, Inc. ("AngioDynamics"). The facts set forth herein are personally known to me
and if called upon to testify under oath, I could do so competently. I submit this Declaration in
support of AngioDynamics, h1c.’s Answer To Diomed Holdings, Inc.’s Motion To Dismiss.
I
DECLARATION or www nosren
cwn. ACTION no. os-coz (cms;

Case 1 :06-cv—OO0O2-GIVIS Document 11-15 Filed 02/14/2006 Page 2 of 2 _
2. Prior to July 28, 2005 I became aware that Diomed Holdings, Inc. was scheduled
to conduct an open teleconference to report on their results for the second quarter of 2005.
3. On July 28, 2005 I followed the published instructions to allow me to listen to the
teleconference live and I heard the conference and Mr. Wylie’s statements made during the
conference.
4. On the same day as the teleconference, after hearing Mr. Wylie’s statements
regarding their allowed applications for the marked sheath for endovenous laser treatment and
his remarks regarding AngioDynamics, which I understood as an accusation of infringement, I
promptly reported what I had heard to our Manager of Intellectual Property .
l declare under penalty of perjury under the laws of the United States of America and on
the basis of personal knowledge that the foregoing is true and correct and that this declaration
was executed in Queensbury, New York on the date indicated below.
Dated: H Q QPOMQ E
David W. Doster
2