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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
September 6, 2006
Diomed Holdings, Inc.
Delaware 000-32045 84-140636
(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) 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)
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 had been scheduled for June 1, 2006. That
hearing was subsequently postponed by the court.
The postponement resulted from an order of the court dated May 22, 2006 wherein
the judge, Richard G. Stearns, who was hearing the case, indicated that he
recently had become a patient of a physician whom the Company had previously
engaged as an expert witness in the '777 Patent litigation. On June 26, 2006
Judge Stearns issued an order under which he recused himself from the `777
Patent Litigation.
On July 6, 2006, Judge Nathaniel M. Gorton was assigned to the case. On August
30, 2006, Judge Gorton ruled on the pending motions and held that Diomed's `777
Patent is valid and enforceable. In granting Diomed's motion for summary
judgment, the court rejected defenses advanced by defendants AngioDynamics and
Vascular Solutions that Diomed's patent was invalid and unenforceable.
The court denied separate motions by each of the parties for summary judgment on
the issue of infringement by the defendants, in effect ruling that Diomed is
entitled to proceed to trial on its claims for an injunction and damages against
the defendants.
On August 31, 2006, we issued a press release with respect to the rulings of the
court on the motions for summary judgment.
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS
99.1 Press Release by Diomed Holdings, Inc. dated August 31, 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: September 6, 2006 By: /s/ DAVID B. SWANK
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Name: David B. Swank
Title: Chief Financial Officer
List of Exhibits:
99.1 Press Release by Diomed Holdings, Inc. dated August 31, 2006