The U.S. District Court for Northern California has denied cross-motions for summary judgment from VNUS Medical Technologies in the two-year patent lawsuit that the company brought against AngioDynamics. The trial will commence on Oct. 29.
VNUS of San Jose, Calif., filed suit against the Queensbury, N.Y.-based AngioDynamics, as well as Diomed of Andover, Mass., and Vascular Solutions of Minneapolis, on Oct. 4, 2005. The suit alleges that patents, which the companies used to produce and sell products to treat varicose veins using radiofrequency energy, infringe on a VNUS patent. The suit specifies AngioDynamics’ VenaCure product line.
VNUS had asked the court for a summary judgment, which could have issued a victory without a jury trial. Last week, Judge Maxine Chesney rejected that request, along with motions by the defendants, stating that a jury should decide all issues.
The case is expected to last about three weeks, and could cost the defendants up to $36 million.
AngioDynamics commented on the litigation in a U.S. Securities and Exchange Commission filing dated Aug. 14, which said the company believed its products did not infringe on VNUS' patents, but that “there is a reasonable possibility of an outcome unfavorable to us in this action, with a range of potential loss between $0 and $36 million.”