A Medical Device Daily

AngioDynamics (Queensbury, New York), a developer of devices used by interventional radiologists and surgeons for the minimally invasive treatment of cancer and peripheral vascular disease, reported that U.S. District Court Judge Nathaniel Gorton has denied the motion for contempt filed by Diomed (Andover, Massachusetts) on July 11, 2007, alleging that AngioDynamics violated the permanent injunction issued by the court on July 2, 2007.

In an order received on Jan. 16, the judge said that “the court recognized then, as it does now, that [AngioDynamics] could develop non-infringing kits and the sales of laser consoles with such kits would not infringe the patent,” thereby denying Diomed’s motion.

The July 2, 2007, injunction prohibited AngioDynamics from selling the disposable kits that were found to infringe at trial and from selling laser consoles for use with those kits. Prior to the injunction, AngioDynamics stopped selling those disposable kits and introduced the new NeverTouch VenaCure disposable kit. The company continues to sell laser consoles for use with NeverTouch kits.

AngioDynamics has appealed the outcome of this patent infringement litigation with the U.S. Court of Appeals, Federal Circuit. Oral arguments are expected to be presented to a three-judge panel in March or April.