A Medical Device Daily

Noven Pharmaceuticals (Miami) reported that the U.S. District Court for the Southern District of Florida has issued an order dismissing, without prejudice, a lawsuit filed against Noven and certain individual defendants named in Noven Pharmaceuticals securities litigation.

The notice of voluntary dismissal indicates that the lead plaintiffs and their counsel, after investigation into the allegations made, concluded that the complaint should be voluntarily dismissed.

Noven said it agreed to the dismissal, with each party bearing its own costs.

Noven develops transdermal drug delivery technologies and prescription transdermal products.

AngioDynamics (Queensbury, New York) updated developments in the lawsuit between it and Diomed (Andover, Massachusetts), in which Diomed has alleged patent infringement by AngioDynamics' endovascular laser venous (EVLT) system for treating varicose veins.

In January 2004, Diomed, a subsidiary of Diomed Holdings, filed the lawsuit in the federal district court in Massachusetts. It involves a single U.S. patent, No. 6,398,777 (the 777 patent), covering a specific EVLT method for treating varicose veins.

A Markman hearing to present the parties' claim interpretations was held on March 17 as a preliminary step for the court to determine the scope of asserted claims. AngioDynamics said its attorneys briefed the court on the differences between its product and the methods claimed by Diomed.

AngioDynamics said it expects Judge Richard Stearns to issue an interpretation ruling within a month and that, based on that hearing, it is "confident that the claim interpretation position presented by its attorneys supports its position of non-infringement and patent invalidity."

Eamonn Hobbs, president and CEO of AngioDynamics, said its EVLT product does not infringe the Diomed patent, adding, "We also strongly believe that Diomed's patent is invalid, and we intend to continue to vigorously defend this action."

The Venacure system for treating varicose veins offers an outpatient alternative to surgical ligation and vein stripping.

Diomed also develops endovenous laser treatment for use in varicose vein treatments as well as dental and general surgical uses. Diomed claims proprietary technology in methods for synchronizing diode light sources and in certain optical fibers.