-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, OksOgrOPDgU1jfQ5UFJdTaJ10FQtkkWDqAkF3ZnascUm5ZUmxxaTFe1Mp6hsqaBR yB/8U9rScWwxbqekJBk32g== 0000897101-07-001403.txt : 20070703 0000897101-07-001403.hdr.sgml : 20070703 20070703161539 ACCESSION NUMBER: 0000897101-07-001403 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 4 CONFORMED PERIOD OF REPORT: 20070702 ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20070703 DATE AS OF CHANGE: 20070703 FILER: COMPANY DATA: COMPANY CONFORMED NAME: VASCULAR SOLUTIONS INC CENTRAL INDEX KEY: 0001030206 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 411859679 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-27605 FILM NUMBER: 07961054 BUSINESS ADDRESS: STREET 1: 6464 SYCAMORE COURT NORTH CITY: MINNEAPOLIS STATE: MN ZIP: 55369 BUSINESS PHONE: 7636564300 MAIL ADDRESS: STREET 1: 6464 SYCAMORE COURT NORTH CITY: MINNEAPOLIS STATE: MN ZIP: 55369 8-K 1 vascular072745_8k.htm FORM 8-K DATED JULY 2, 2007 Vascular Solutions, Inc. Form 8-K dated July 2, 2007

 
 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 


FORM 8-K


 

CURRENT REPORT

 

PURSUANT TO SECTION 13 OR 15(d) OF

THE SECURITIES EXCHANGE ACT OF 1934

 

Date of Report: July 2, 2007

(date of earliest event reported)

 


VASCULAR SOLUTIONS, INC.

(Exact name of registrant as specified in its charter)

 

Commission File Number: 0-27605

 

Minnesota

41-1859679

(State or other jurisdiction of incorporation)

(IRS Employer Identification No.)

 

6464 Sycamore Court

Minneapolis, Minnesota 55369

(Address of principal executive offices)

 

(763) 656-4300

(Registrant’s telephone number, including area code)

 

Not Applicable

(Former name or former address, if changed since last report)

 


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

o

Written communications pursuant to Rule 425 under Securities Act (17 CFR 230.425)

o  

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))



 
 



Item 7.01.    Regulation FD Disclosure

 

On July 2, 2007 Vascular Solutions, Inc. issued a press release concerning the recent injunction order that was issued in the patent infringement lawsuit launched by Diomed Holdings, Inc. against AngioDynamics, Inc. and Vascular Solutions. On July 2, 2007 the court issued an injunction that applies to endovenous laser therapy kits that were sold by Vascular Solutions as of the trial date and any other kits that were not more than a mere colorable variation of those kits. Concerning its laser consoles, the injunction order applies only to Vari-Lase consoles of the type that were sold at the time of trial and that are not more than a mere colorable variation of such consoles and that are sold for use with the kits that are subject to the injunction. A copy of the press release is furnished as Exhibit 99.1 and a copy of the injunction order is furnished as Exhibit 99.2 to this Report.

 

 

SIGNATURE

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

 

VASCULAR SOLUTIONS, INC.


Date:   July 3, 2007

 

By: 


/s/   James Hennen

 

 

 
Its:

James Hennen
Chief Financial Officer

 

 






EXHIBIT INDEX

 

 

Exhibit No.

 

Description

99.1

 

Press Release dated July 2, 2007 of Vascular Solutions, Inc.

99.2

 

Permanent Injunction Order dated July 2, 2007

 

 











EX-99.1 2 vascular072745_ex99-1.htm PRESS RELEASE DATED JULY 2, 2007 Exhibit 99.1 to Vascular Solutions, Inc. Form 8-K dated July 2, 2007

Exhibit 99.1

 


 

 

NEWS RELEASE

For Immediate Release: Monday, July 2, 2007

Contact:   

Howard Root, CEO
James Hennen, CFO
Vascular Solutions, Inc.
(763) 656-4300

 

 

VASCULAR SOLUTIONS COMMENTS ON INJUNCTION RULING IN DIOMED
PATENT LITIGATION AND INCREASING SALES OF NEW BRIGHT TIP FIBER

 

MINNEAPOLIS, Minnesota — Vascular Solutions, Inc. (Nasdaq:VASC) announced that, as anticipated and in accordance with the jury verdict delivered in March in the patent litigation with Diomed concerning Vascular Solutions’ Vari-Lase® products for the treatment of varicose veins, the Court today issued an order that enjoins Vascular Solutions from inducing or contributing to the infringement of Diomed’s patent on the method of deliberate and maintained vein wall contact to treat varicose veins.

 

Howard Root, Chief Executive Officer of Vascular Solutions, commented: “Today’s order applies to endovenous laser therapy kits that were sold by Vascular Solutions as of the trial date and any other kits ‘that are not more than a mere colorable variation’ of those kits. Subsequent to the trial date, on April 11 we converted all of our U.S. Vari-Lase customers to our new Vari-Lase Bright Tip fiber. Our Bright Tip fiber features a proprietary ceramic-coated distal tip to provide enhanced ultrasound visibility, enhanced protection against thermal degradation and complete protection from even unintended contact between the laser-emitting surface of the fiber and the vein wall. Since the new Bright Tip fiber prevents the type of contact that Diomed alleged occurred with our previous bare-tipped fibers, the Bright Tip fiber is clearly outside the scope of Diomed’s sole patent in this area and today’s injunction order.”

 

Mr. Root continued: “With respect to laser consoles, the injunction order applies only to Vari-Lase consoles of the type that were sold at the time of trial and ‘that are not more than a mere colorable variation of such consoles and that are sold for use with the kits’ that are subject to the injunction.” The entire text of the injunction order can be obtained from the investor relations portion of Vascular Solutions’ web site at www.vascularsolutions.com.

 

Vascular Solutions also provided an update on the physician response to the Vari-Lase Bright Tip fiber. Dr. David J. Esposito of the Milford Vascular Institute in Milford, Connecticut commented: “At Milford Vascular Institute, we have a very busy venous practice and have performed over 300 endovenous laser procedures using Vascular Solutions’ devices. Over the last month, we have begun using the new Bright Tip laser fiber and have noticed significant improvements. With the new Bright Tip laser fiber, visualization is remarkably enhanced. It is so easy to see this tip under ultrasound, that I believe it will make malpositioning of the fiber almost impossible. In addition, our patients routinely have an ultrasound exam three days after the procedure to rule out any complication and to assess the closure. We have noticed a substantial decrease in the amount of bruising since we began using the Bright Tip laser fiber, and our ultrasound technicians are amazed at the difference using the new fiber. I believe that this will continue to improve our patients’ satisfaction with the procedure, and I wholeheartedly endorse the use of the Bright Tip device.”




Mr. Root concluded: “We have now sold more than 4,000 Bright Tip fibers and continue to receive highly favorable feedback from our physician customers such as Dr. Esposito on the excellent clinical outcomes and highly favorable response from patients that they have observed. The benefits of the Bright Tip fiber combined with our direct sales force’s excellent management of the product transition and litigation response have resulted in a substantial sequential increase in our Vari-Lase sales in the just-completed second quarter.”

 

About Vascular Solutions

 

Vascular Solutions, Inc. is a medical device company that focuses on developing unique solutions for unmet clinical opportunities within interventional radiology and interventional cardiology. The company’s five main product categories consist of hemostat (blood clotting) products, extraction catheters, vein products, specialty catheters and access products. New products introduced since the second half of 2003 include the Vari-Lase® endovenous laser product line for the treatment of varicose veins, the D-Stat Dry™ hemostatic bandage for the rapid control of topical bleeding, the Pronto™ extraction catheter for the aspiration of soft thrombus, the Langston® dual lumen specialty catheter for the measurement of aortic stenosis and the Twin-Pass® dual access specialty catheter for dual wire access in interventional procedures.

 

The information in this press release contains forward-looking statements that involve risks and uncertainties. Our actual results could differ materially from those anticipated in these forward-looking statements. Important factors that may cause such differences include those discussed in our Annual Report on Form 10-K for the year ended December 31, 2006 and other recent filings with the Securities and Exchange Commission. The risks and uncertainties include, without limitation, risks associated with the need for adoption of our new products, limited working capital, lack of profitability, exposure to intellectual property claims, dependence on key vendors, exposure to possible product liability claims, the development of new products by others, doing business in international markets, limited manufacturing experience, the availability of third party reimbursement, and actions by the FDA.

 

For further information, connect to www.vascularsolutions.com.

# # #

 

 











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Exhibit 99.2

United States District Court
District of Massachusetts


DIOMED, INC.,     )          
          Plaintiff,     )    
      )     Civil Action No.    
          v.     )     04-10019-NMG    
      )    
ANGIODYNAMICS, INC.,     )    
          Defendant.     )    
      )     CONSOLIDATED    

DIOMED, INC.,     )    
          Plaintiff,     )     Civil Action No.    
      )     04-10444-NMG    
          v.     )    
      )    
VASCULAR SOLUTIONS, INC.,     )    
          Defendant.     )    
      )    



PERMANENT INJUNCTION

GORTON, J.

        AngioDynamics, Inc. (“AngioDynamics”) and Vascular Solutions, Inc. (“VSI”) have been found by a jury to induce infringement and contribute to infringement of claims 9-14, 16-19 and 21 (“the asserted claims”) of United States Patent No. 6,398,777 (“the ‘777 patent”). The Court, having considered the factors relevant to permanent injunctive relief and the memoranda submitted by the parties with respect to the proposed

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injunction, and having found such relief warranted, IT IS HEREBY ORDERED that:

        1.    AngioDynamics and VSI and their officers, agents, servants, employees and attorneys, and those persons in active concert or participation with any of them, are permanently enjoined and restrained from inducing or contributing to infringement of United States Patent No. 6,398,777 by using, offering to sell or selling in the United States, or importing into the United States:

          (a)    endovenous laser therapy kits that infringe the ‘777 patent, including kits of the type set forth in Trial Exhibits 1008-1011 that were adjudged to infringe the ‘777 patent and kits that defendants had been selling prior to or as of the trial date, or any other kits that are not more than a mere colorable variation of such kits;

          (b)    laser consoles 1) of the type embodied by Trial Exhibits 1006-1007, and 2) that are not more than a mere colorable variation of such consoles and that are sold for use with the kits identified in sub-paragraph (a);

          (c)    any optical fiber or other component of the kits of sub-paragraph (a) that are intended for use with other items that, taken together, are no more than a mere colorable variation of any of the kits of sub-paragraph (a).

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        2.    AngioDynamics and VSI are hereby directed to provide a copy of this Order to each of their United States sales representatives, distribution executives and distributors of the products identified herein, whether or not such persons are employees of AngioDynamics or VSI.

        3.    This Court shall retain jurisdiction to enforce the provisions of this Order.



So ordered.

    /s/   Nathaniel M. Gorton
  Nathaniel M. Gorton
United States District Judge
 


Dated:   July 2, 2007









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