================================================================================
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 11, 2006
Diomed Holdings, Inc.
Delaware 000-32045 84-1480636
(State or other jurisdiction of (Commission (IRS Employer
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.
As Diomed Holdings, Inc. (the "Company") has previously reported, on January 3,
2006, AngioDynamics Inc. ("AngioDynamics") filed a lawsuit against the Company
in the U.S. District Court for the District of Delaware, seeking a declaratory
judgment that the claims of Diomed, Inc.'s U.S. Patent Number 6,981,971 (the
"971 Patent") are invalid, unenforceable and not infringed by AngioDynamics. The
971 Patent relates to an introducer sheath/optical fiber arrangement that may be
used in the endovascular laser treatment of varicose veins. The 971 Patent was
issued by the U.S. Patent and Trademark Office on January 3, 2006, the day
AngioDynamics filed the lawsuit.
On January 17, 2006, AngioDynamics filed an Amended Complaint seeking a
declaratory judgment with respect to Diomed, Inc.'s U.S. Patent Number 6,986,766
(the "766 Patent") as well. The 766 Patent relates to methods of using an
introducer sheath/optical fiber arrangement in the endovascular laser treatment
of varicose veins.
On January 31, 2006, the Company filed a motion to dismiss AngioDynamics'
declaratory judgment action in its entirety. On September 7, 2006, U.S. District
Judge Gregory M. Sleet granted the Company's motion to dismiss and ordered
AngioDynamics' lawsuit dismissed.
AngioDynamics' declaratory judgment suit was not related to the patent
infringement litigation initiated by the Company against AngioDynamics and
several other competitors regarding Diomed, Inc.'s U.S. Patent No. 6,398,777
(the "777 Patent"). That litigation is currently pending and the Company expects
that it will proceed to trial. In that case, U.S. District Judge Nathaniel M.
Gorton recently ruled that the `777 Patent is both valid and enforceable. (See
the Company's Current Report on Form 8-K filed on August 31, 2006 for further
details regarding the `777 Patent litigation).
A copy of the Company's press release issued September 11, 2006 concerning this
matter is attached as Exhibit 99.1 to this Current Report.
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS
99.1 Press Release by Diomed Holdings, Inc. Issued September 11, 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 11, 2006 By: /s/ DAVID B. SWANK
-------------------------------------
Name: David B. Swank
Title: Chief Financial Officer
List of Exhibits:
99.1 Press Release by Diomed Holdings, Inc. Issued September 11, 2006