Davis Polk represented VNUS Medical in patent infringement litigation since 2005 in the Northern District of California. VNUS, the pioneer in endovenous treatment for varicose veins, sued the three leading sellers of competing laser products. In June 2008, we reached a favorable settlement with Angiodynamics and Vascular Solutions, two of the defendants, whereby VNUS granted a nonexclusive, non-sublicensable patent license to the laser ablation field. Those two companies paid upfront royalties for past damages in the total amount of $10 million, and will have ongoing royalty obligations through 2017. Diomed, the third defendant, filed for bankruptcy protection in March 2008.

In June 2008, VNUS brought suit against four additional defendants: biolitec, Dornier, CoolTouch and TVS. In December 2010, after five weeks of trial and four days of deliberation, we secured a jury verdict of infringement and an award of $45.8 million in favor of VNUS, nearly 100% of the amount requested in damages. The jury found numerous claims of VNUS’s five asserted patents to be both valid and infringed by the defendants and further found the infringement by each defendant to have been willful. The awards are potentially subject to enhancement by the court in view of the jury’s determination that the infringement was willful. Dornier and CoolTouch settled prior to trial. In November 2011, the case was settled by the parties and dismissed.

This victory was recognized as one of the Top Ten Verdicts of 2010 in the Daily Journal.

The Davis Polk litigation team included partners Matthew Lehr and Tony Fenwick and associates David Lisson and Micah Block. Members of the Davis Polk team are based in the Northern California office.

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