Judge recuses himself from Diomed case after treatment by expert witness

New York, June 26 - Diomed Holdings, Inc. said the judge for its litigation against AngioDynamics, Inc., Vascular Solutions, Inc., Total Vein Solutions LLC and New Star Lasers, Inc. recused himself after being treated by the company's expert witness and using its products.

In his order of recusal, judge Richard Stearns said: "While I am fully confident of my ability to remain uninfluenced by any matter external to the merits of Dr. Fan's opinions, I recognize that a reasonable person (perhaps depending on my ultimate rulings) might harbor doubts about my impartiality," according to an 8-K filing with the Securities and Exchange Commission by Diomed.

The case was earlier postponed on May 22 after Stearns became a patient of Dr. Cheih-Min Fan at Massachusetts General Hospital. Diomed had previously engaged Fan as an expert witness in its litigation claiming infringement of U.S. Patent No. 6,398,777 by the other companies.

Diomed said it has not yet been notified of the name of the new judge.

Diomed is an Andover, Mass., maker of minimal and micro-invasive medical procedures using its proprietary laser technologies and disposable products.

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