A Medical Device Daily

The Oct. 29 trial date for the patent lawsuit by VNUS Medical Technologies (San Jose, California) against three endovenous laser competitors — Diomed (Andover, Massachusetts), AngioDynamics (Queensbury, New York), and Vascular Solutions (Minneapolis) — has been postponed due to a busy court calendar.

No new trial date has been set.

Judge Maxine Chesney of the U.S. District Court in the Northern District of California also denied the defendants’ motion that two of VNUS’s patents are invalid due to prior art, leaving these issues for trial.

In a ruling earlier this month, Chesney denied VNUS’s motion for summary judgment of infringement, leaving that issue for trial as well (Medical Device Daily, Oct. 4, 2007). The court also denied defendants’ motion that another of VNUS’ patents was invalid in light of the prior art, as well as the invalidity of all asserted patents for non-compliance with the written description and enablement requirements of the patent law.

The judge also issued a ruling denying defendants’ summary judgment motion that asked to declare two of VNUS’ patents invalid.