A Medical Device Daily

VNUS Medical Technologies (San Jose, California), a provider of medical devices for the minimally invasive treatment of venous reflux disease, said it has asserted patent infringement claims in the U.S. District Court, Northern District of California, against Biolitec (Jena, Germany), Dornier MedTech America (Kennesaw, Georgia) and NewStar Lasers (Roseville, California).

Biolitec, CoolTouch and Dornier market endovenous laser ablation products for use in procedures which VNUS says infringe several of its patents. VNUS is seeking an injunction prohibiting these companies from selling these products, in addition to monetary damages.

The lawsuit involves patents that VNUS previously asserted in 2005 against Diomed Holdings (Andover, Massachusetts), AngioDynamics (Queensbury, New York) and Vascular Solutions (Minneapolis). VNUS entered into an agreement on June 3 with AngioDynamics and Vascular Solutions that settled the 2005 lawsuit against those companies.

As a part of the agreement, non-exclusive, non-sub-licensable patent licenses were granted to AngioDynamics and Vascular Solutions and the licensees stipulated that the VNUS patents-in-suit are valid, enforceable, and were infringed.

"The filing of this patent infringement suit is the next logical step in the enforcement of our intellectual property," said Brian Farley, president/CEO. "We are committed to enforcement, while at the same time we remain open to discussing the potential opportunity for the defendant companies to obtain a limited license from VNUS."

VNUS makes devices for the minimally invasive treatment of venous reflux disease. The company offers the ClosureFAST system, which consists of a radio frequency generator and disposable endovenous catheters and devices to close diseased veins through the application of temperature-controlled RF energy.