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news.Vnus Medical Technologies has received a notice of allowability by the US Patent & Trademark Office for a patent application that is a continuation of one of the three patents in the Vnus patent infringement lawsuit against suppliers of endovenous laser products.
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The newly allowed Vnus patent application contains claims that recite methods of applying energy from an elongate member leading to occlusion of a vein, where the elongate member may be a fiber optic and the energy may be light energy. Significantly, before deciding to allow the new Vnus patent, the Patent Office reviewed references that include those cited by the defendant endovenous laser companies during the patent litigation in their attempt to invalidate the earlier endovenous laser patent.
Vnus has sued several endovenous laser manufacturers (Diomed, Angiodynamics, and Vascular Solutions) for infringement of Vnus patents. That lawsuit is scheduled to begin trial against non-bankrupt defendants Angiodynamics and Vascular Solutions on June 23, 2008.
Brian Farley, president and CEO of Vnus, said: “We believe that the newly allowed claims further broaden our strong patent position and help to confirm that Vnus pioneered the key endovenous methods required to successfully treat venous reflux.”