A Medical Device Daily

Diomed Holdings (Andover, Massachusetts), a developer of the EndoVenous Laser Treatment (EVLT) for varicose veins, reported filing a preliminary injunction against Total Vein Solutions (Houston) in what it called a continuing effort to enforce its U.S. Patent Number 6,398,777, covering the endovascular laser treatment of varicose veins.

Diomed filed the action in the U.S. Federal District Court for the District of Massachusetts, seeking injunctive relief and damages for infringement of its '777 patent in 2004.

Diomed noted that in a separate 2006 hearing against AngioDynamics and Vascular Solutions Judge Gorton of the same Federal District Court ruled that the '777 patent is both valid and enforceable.

In the trial ending on March 28, 2007, the jury found AngioDynamics and Vascular Solutions liable for both inducing infringement and contributory infringement of Diomed's patent. Judge Gorton subsequently granted Diomed a permanent injunction against both defendants and awarded Diomed a total of $14.7 million in damages.

James Wylie, president/CEO of Diomed, said, "Now that the Court has found Diomed's patent to be valid and enforceable and a jury has found competing contact-based laser fiber systems to infringe, we believe that an immediate injunction that puts a stop to Total Vein Solutions' sales of such infringing products would be timely and appropriate."

Diomed said that the motion is pending before the court for decision.

Total vein develops product used by vein surgeons.

In other patent activity: Codon Devices (Cambridge, Massachusetts) reported that it has filed a complaint for a declaratory judgment against German firms Febit Biotech , Febit Ferrarius Biotechnology and Febit (collectively Febit) in the U.S. District Court for the District of Columbia.

Codon is seeking a ruling that it is not infringing U.S. Patent No. 6,586,211 (the '211 patent), purportedly owned by one of the Febit defendants, and that the '211 patent is invalid and unenforceable. In addition, Codon Devices requests an order from the Court restraining Febit from asserting the '211 patent against Codon and from making representations that Codon's products and services infringe the '211 patent. Further, Codon seeks reimbursement for expenses in an unspecified amount.

Codon also reported that on July 9, Febit Biotech served it with a complaint, filed in the U.S. District Court for the District of Delaware, alleging that Codon infringes the '211 patent.

Codon termed the allegations "meritless."

Codon is focused on enabling commercial applications of synthetic biology, its proprietary synthesis and design technologies designed to improve the productivity of its industrial, pharmaceutical and academic customers in a modality it calls Constructive Biology. It says that its BioFAB platform uses informatics, robotics and sequencing technologies to synthesize genetic codes "more rapidly and cost-effectively than other currently available technology."