Item 1.01.   Entry into a Material Definitive Agreement.

 

On April 8, 2008, Vascular Solutions, Inc. (the “Company”) entered into a settlement agreement (“Agreement”) with Diomed, Inc. (“Diomed”) relating to the previously disclosed litigation entitled Diomed, Inc. v. AngioDynamics, Inc. and Vascular Solutions, Inc. that was filed in the U.S. District Court for the District of Massachusetts (the “Court”). A copy of the Agreement is filed with this Form 8-K as Exhibit 10.1 and the description below is qualified in its entirety by reference thereto.

 

Pursuant to the Agreement, (i) the Company will make a one-time payment of $3.586 million to Diomed, (ii) the Company and Diomed will jointly request that the United States Court of Appeals for the Federal Circuit dismiss the pending appeal by the Company, and (iii) Diomed will provide to the Company a satisfaction of judgment, releasing the Company from the monetary obligation imposed by the Court on August 3, 2007 in its entirety of the judgment against the Company. The Agreement will become effective upon approval by the Court which is expected to occur on April 16, 2008.

 

A copy of the press release is furnished as Exhibit 99.1 to this Report.

 

Item 9.01.   Financial Statements and Exhibits.

 

 

(d)

Exhibits.

 

 

10.1

Settlement Agreement dated April 8, 2008 between the Company and Diomed, Inc.

 

 

99.1

Press Release dated April 9, 2008 issued by the Company

 

 

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:   April 10, 2008

 

By:

/s/ James Hennen

 

 

 

 

James Hennen

 

 

 

Its:

Chief Financial Officer














EXHIBIT INDEX

 

 

Exhibit No.

 

Description

 

10.1

 

Settlement Agreement dated April 8, 2008 between the Company and Diomed, Inc.

 

99.1

 

Press Release dated April 9, 2008 of Vascular Solutions, Inc.