U.S. Court of Appeals for the Federal Circuit Affirms 2018 Ruling Barring Minerva from Challenging Hologic’s Patent Rights
August 11 2022 - 6:06PM
Business Wire
Hologic, Inc. (Nasdaq: HOLX) announced today that the U.S. Court
of Appeals for the Federal Circuit has affirmed a 2018 district
court ruling that barred Minerva from challenging the validity of
the patent rights it assigned to Hologic.
“We are pleased that the U.S. Court of Appeals has once again
ruled in our favor. This important decision confirms that good
faith and fair dealing apply to transactions involving patents and
provides greater certainty for companies like Hologic who acquire
innovative technologies in order to provide physicians and their
patients with the latest solutions,” said Essex Mitchell, President
of Hologic’s GYN Surgical Solutions Division.
In 2015, Hologic sued Minerva alleging that the company’s
endometrial ablation system infringes patents acquired by Hologic
through its 2004 purchase of Novacept, the developer of the
NovaSure endometrial ablation system for abnormal uterine bleeding
(AUB). The suit alleged that four years after Hologic’s acquisition
of Novacept, a former Novacept executive founded Minerva and
developed and commercialized an endometrial ablation device using
the patented technology that was acquired by Hologic in the
Novacept transaction.
In 2018, a Delaware district court found Minerva liable for
patent infringement and barred the company’s invalidity defenses
under assignor estoppel. A jury awarded Hologic $4.8 million in
damages for Minerva’s infringement.
Today’s decision by the U.S. Court of Appeals is the latest
decision in Hologic’s favor on this matter. In 2019, the Federal
Circuit affirmed the district court ruling on infringement and
assignor estoppel. In 2021, the U.S. Supreme Court clarified the
scope of assignor estoppel and, on remand, the Federal Circuit
again ruled in Hologic’s favor, holding that Minerva’s invalidity
challenge contradicted multiple representations made by the
Novacept executive, including in assigning the patent.
With the Federal Circuit decision, Minerva must now pay Hologic
more than $7 million in damages, which includes the $4.8 million in
damages originally awarded plus post-trial damages and
interest.
About NovaSure The FDA approved the NovaSure procedure in
2001 as safe and effective for women who suffer from abnormal
uterine bleeding (AUB). The procedure provides a minimally invasive
treatment option for women seeking an alternative to hormones or
hysterectomy to treat their AUB, and since its introduction, more
than 3 million women have been treated. The procedure has an
efficacy rate of 77.7% and a demonstrated 92.8% patient
satisfaction rate at one-year follow-up of the pivotal clinical
trial.1 Significant data have been published in peer-reviewed
journals that show consistently high rates of success and patient
satisfaction.
About Hologic Hologic, Inc. is an innovative medical
technology company primarily focused on improving women's health
and well-being through early detection and treatment. For more
information on Hologic, visit www.hologic.com.
Hologic, NovaSure, The Science of Sure and associated logos are
trademarks and/or registered trademarks of Hologic, Inc. and/or its
subsidiaries in the United States and/or other countries. All other
trademarks, registered trademarks and product names are the
property of their respective owners.
Forward-Looking Statements This news release may contain
forward-looking information that involves risks and uncertainties,
including statements about the use of Hologic products. There can
be no assurance these products will achieve the benefits described
herein or that such benefits will be replicated in any particular
manner with respect to an individual patient, as the actual effect
of the use of the products can only be determined on a case-by-case
basis. In addition, there can be no assurance that these products
will be commercially successful or achieve any expected level of
sales. Hologic expressly disclaims any obligation or undertaking to
release publicly any updates or revisions to any such statements
presented herein to reflect any change in expectations or any
change in events, conditions or circumstances on which any such
data or statements are based.
1NovaSure Instructions for Use
SOURCE: Hologic, Inc.
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version on businesswire.com: https://www.businesswire.com/news/home/20220811005784/en/
Media contact: Bridget Perry Director, Corporate
Communications 508.263.8654 bridget.perry@hologic.com Investor
contact: Ryan Simon Vice President, Investor Relations
858.410.8514 ryan.simon@hologic.com
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