Conceptus(R) Wins Favorable Verdict in Patent Litigation Against Hologic; Jury Awards Conceptus $18.8 Million
October 17 2011 - 7:32PM
Conceptus, Inc. (Nasdaq:CPTS), developer of the
Essure® procedure, the most effective non-surgical permanent birth
control method available, today announced that it has won a
favorable jury verdict in its patent infringement lawsuit against
Hologic, Inc. (Nasdaq:HOLX) in the United States District Court,
Northern District of California. The jury has awarded Conceptus
$18.8 million in monetary damages.
The jury found that use of Hologic's Adiana Permanent
Contraception system infringed two claims of Conceptus' U.S. Patent
Number 6,634,361 related to the Essure procedure, and that Hologic
indirectly infringed those claims. The jury also upheld the
validity of the claims.
Conceptus will seek an injunction prohibiting Hologic from
importing, using, selling or offering to sell its Adiana system in
the United States. This issue will be addressed by the Court in
future proceedings.
"We are very pleased with the jury's verdict," said Mark
Sieczkarek, president and chief executive officer of
Conceptus. "Conceptus has always been proud of its Essure
procedure, which brought a major advance to women's health,
providing the most reliable form of permanent birth control to
women without the need for incisions, hormones or general
anesthesia. The jury verdict acknowledges the invention
Conceptus pioneered more than a decade ago that is the foundation
of the Essure procedure. We remain committed to continuously
defending our intellectual property while we work to achieve our
long-term goal of making Essure the standard of care in permanent
birth control."
The Company will provide more detailed information as it becomes
available and expects to make further comments during its upcoming
third quarter financial results conference call on October 25,
2011.
About the Essure® Procedure
The Essure procedure, FDA approved since 2002, is the first
permanent birth control method that can be performed in the comfort
of a physician's office in less than 10 minutes (average
hysteroscopic time) without hormones, cutting, burning or the risks
associated with general anesthesia or tubal ligation. Soft,
flexible inserts are placed in a woman's fallopian tubes through
the cervix without incisions. Over the next three months, the body
forms a natural barrier around and through the micro-inserts to
prevent sperm from reaching the egg. Three months after the
Essure procedure, a doctor is able to perform an Essure
Confirmation Test to confirm that the inserts are properly placed
and that the fallopian tubes are fully blocked, allowing the
patient to rely upon Essure for permanent birth control.
The Essure procedure is 99.95% effective based on one year of
follow up with zero pregnancies reported in clinical trials, making
it the most effective form of permanent birth control on the
market. The procedure is covered by most insurance plans, and when
it is performed in a doctor's office the cost to the patient may be
as low as a simple co-pay. Essure has been proven and trusted by
physicians since 2002, with approximately 550,000 women worldwide
having undergone the Essure procedure.
About Conceptus, Inc.
Conceptus, Inc. is a leader in the design, development, and
marketing of innovative solutions in women's healthcare. The
Company manufactures and markets the Essure procedure. The
Essure procedure is available in the United States, Europe,
Australia, New Zealand, Canada, Mexico, Central and South America
and the Middle East. The Company also promotes the GYNECARE
THERMACHOICE® Uterine Balloon Therapy System by ETHICON™ Women's
Health & Urology, a division of Ethicon, Inc., in U.S. OB/GYN
physician offices.
The Conceptus, Inc. logo is available at
http://www.globenewswire.com/newsroom/prs/?pkgid=7961
Please visit www.essure.com for more information on the Essure
procedure. Patients may call the Essure Information Center at
1-877-ESSURE-1 with questions or to find a physician in their
area.
Forward Looking Statements
Except for the historical information contained herein, the
matters discussed in this press release include forward-looking
statements, the accuracy of which is subject to known and unknown
risks and uncertainties. The forward-looking statements
include, without limitation, the potential impact on our financial
statements due to favorable litigation results (including with
respect to the patent lawsuit with Hologic) and potential
subsequent appeals, and the expected attainment of strategic
initiatives intended to grow the business and make the Essure
procedure the standard of care in the permanent birth control
market. These discussions and other forward-looking statements
included herein may differ materially from actual results. Such
differences may be based upon factors such as changes in strategic
planning decisions by management, re-allocation of internal
resources, changes in the impact of domestic and global
macroeconomic pressures, reimbursement decisions by insurance
companies and domestic and foreign governments, scientific advances
by third parties, litigation risks, attempts to repeal all or part
of the Patient Protection and Affordable Care Act of 2010, and the
introduction of competitive products, as well as those factors set
forth in the Company's most recent Annual Report on Form 10-K and
most recent Quarterly Report on Form 10-Q, and other filings with
the Securities and Exchange Commission. These forward-looking
statements speak only as to the date on which the statements were
made. We undertake no obligation to update or revise publicly
any forward-looking statements, whether as a result of new
information, future events, or otherwise.
© 2011 Conceptus, Inc. – All rights reserved. Conceptus, Essure,
Your Family is Complete, Your Choice is Clear are registered
trademarks and service marks of Conceptus, Inc. Essure
FlexPay and Essurance Promise are trademarks of Conceptus, Inc.
CC-2920 17OCT11F
CONTACT: Investor Relations and Public Relations Contact:
Cindy Klimstra
(650) 962-4032
cindy_klimstra@conceptus.com
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