November 7, 2011 – A California jury recently found Hologic guilty of violating two patents in a case filed by Conceptus Inc.
On May 22, 2009, Conceptus filed suit in the United States District Court for the Northern District of California alleging infringement of five Conceptus patents by the Adiana permanent contraception system. Allegations regarding all but two claims of the asserted patents were previously dismissed from the suit. A trial on the two remaining patent claims took place in October 2011 resulting in a jury verdict in favor of Conceptus.
As a part of this verdict, the jury awarded Conceptus the sum of $18.8 million as damages. Any such payment would have no impact to Hologic's results of operations or financial position since the payment, should it be paid, would be deducted from the contingent consideration otherwise due to former Adiana, Inc. shareholders.
"We are obviously disappointed in this verdict. However, there remain several issues to be decided by the court which could impact the ultimate disposition of the case," said Mark Casey, Hologic's senior vice president and general counsel. "Upon resolution of those issues, the company will evaluate its options. In the meantime, the Company will continue to sell, market and promote the Adiana System."
Hologic is a developer, manufacturer and supplier of women’s healthcare diagnostics, medical imaging systems and surgical products.