SAN JOSE, Calif., July 2 VNUS(R) MedicalTechnologies, Inc. (Nasdaq: VNUS), a leading provider of medical devices forthe minimally invasive treatment of venous reflux disease, announced todaythat it has asserted patent infringement claims in the United States DistrictCourt, Northern District of California, against biolitec Inc. (Biolitec),Dornier MedTech America, Inc. (Dornier) and NewStar Lasers, Inc. d/b/aCoolTouch, Inc. (CoolTouch).
Biolitec, CoolTouch and Dornier market endovenous laser ablation productsfor use in procedures which VNUS believes infringe several of its patents.VNUS is seeking an injunction prohibiting these companies from selling theseproducts, in addition to monetary damages.
The new lawsuit involves patents that VNUS previously asserted in 2005against Diomed Holdings, Inc., AngioDynamics, Inc. and Vascular Solutions,Inc. VNUS entered into an agreement on June 3, 2008 with AngioDynamics andVascular Solutions that settled the 2005 lawsuit against those companies. Asa part of the agreement, non-exclusive, non-sub-licensable patent licenseswere granted to AngioDynamics and Vascular Solutions and the licenseesstipulated that the VNUS patents-in-suit are valid, enforceable, and wereinfringed.
Brian Farley, President and CEO, commented, "The filing of this patentinfringement suit is the next logical step in the enforcement of ourintellectual property. We are committed to enforcement, while at the sametime we remain open to discussing the potential opportunity for the defendantcompanies to obtain a limited license from VNUS."
ABOUT VNUS MEDICAL TECHNOLOGIES, INC.
Founded in 1995 and headquartered in San Jose, California, VNUS MedicalTechnologies is a worldwide leader in medical devices for the minimallyinvasive treatment of venous reflux disease, a progressive condition thatcauses the varicose veins afflicting 25 million Americans. The pioneeringcompany in the field, VNUS now offers the ClosureFAST system, which consistsof a proprietary radiofrequency (RF) generator and proprietary disposableendovenous catheters and devices to close diseased veins through theapplication of temperature-controlled RF energy. VNUS devices have been usedin more than 300,000 procedures worldwide. For more information, visithttp://www.vnus.com/.
VNUS has made forward-looking statements in this press release within themeaning of Section 21E of the Securities Exchange Act of 1934, as amended.Words such as "believes", or variations of such words, are intended toidentify such forward-looking statements in this press release. Thesestatements are based on information available to VNUS as of the date of thispress release and represent VNUS' judgment only as of the date of this pressrelease. Actual results may differ materially from current expectations basedon a number of factors, including, among other things, the uncertain outcomeof patent litigation and the responses by others to a settlement agreement.Therefore, the reader is cautioned not to rely on these forward-lookingstatements. VNUS expressly disclaims any intent or obligation to update theseforward-looking statements except as required by law.
SOURCE VNUS Medical Technologies, Inc.