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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
June 26, 2006
Diomed Holdings, Inc.
Delaware 000-32045 84-140636
(State or other jurisdiction of (Commission File Number) (IRS Employer
incorporation) Identification No.)
1 Dundee Park
Andover, MA 01810
(Address of Principal Executive Offices) (Zip Code)
Registrant's telephone number, including area code: (978-475-7771)
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ITEM 8.01. OTHER EVENTS.
In connection with the litigations we initiated in 2004 in the U.S. District
Court for the District of Massachusetts against AngioDynamics, Inc., Vascular
Solutions, Inc. and Total Vein Solutions LLC and New Star Lasers, Inc. for
infringement of our U.S. Patent No. 6,398,777 (the "'777 Patent"), in December
2005, we moved for summary judgment that the '777 Patent is valid, enforceable
and infringed by AngioDynamics and Vascular Solutions, and AngioDynamics and
Vascular Solutions moved for summary judgment of non-infringement. A hearing of
the parties' respective motions was scheduled for June 1, 2006. That hearing was
postponed by the court
The postponement resulted from an order of the court dated May 22, 2006 wherein
the judge, Richard G. Stearns, who is hearing the case, indicates that he
recently became a patient of Dr. Cheih-Min Fan at Massachusetts General
Hospital. The Company had previously engaged Dr. Fan as an expert witness in the
'777 Patent litigation. In his order, Judge Stearns has asked that the Company
provide the court and the other parties with a description of Dr. Fan's expected
role in the '777 Patent litigation within 14 days, and that the Company and the
other parties indicate to the court within 28 days whether the doctor-patient
relationship at issue and the circumstances of Judge Stearns' proposed treatment
using the Company's products creates a ground for recusal or disqualification,
and if so, whether the parties are willing to waive any potential conflict. The
hearing scheduled for June 1, 2006 was accordingly postponed by the court to
permit the parties an opportunity to respond.
On June 26, 2006 Judge Stearns issued an Order of Recusal based on the ongoing
doctor/patient relationship between the court and Dr. Fan. In his Order of
Recusal, Judge Stearns stated, "While I am fully confident of my ability to
remain uninfluenced by any matter external to the merits of Dr. Fan's opinions,
I recognize that a reasonable person (perhaps depending on my ultimate rulings)
might harbor doubts about my impartiality. Consequently, I will recuse myself
and order that the case be transferred to another judge."
The Company expects to be notified of the identity of the new judge shortly. At
this time, the Company is not in a position to project the timing for
rescheduling of the Summary Judgment hearing related to AngioDynamics and
Vascular Solutions case. With respect to the CoolTouch and Total Vein Solutions
cases, trial discovery will continue. Accordingly, the Company expects monthly
legal costs for the '777 Patent litigation to decrease until the Summary
Judgment hearing.
A complete copy of Judge Stearn's order is attached hereto as Exhibit 99.1.
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS
99.1 Order dated June 26, 2006
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
Diomed Holdings, Inc.
(Registrant)
Date: June 26, 2006 By: /s/ James A. Wylie
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Name: James A. Wylie
Title: President and Chief Executive Officer
List of Exhibits:
99.1 Order dated June 26, 2006