Smith & Nephew Triumphs Over Hologic In Medical Device Patent Infringement Suit

September 10, 2012, by Mandour & Associates, APC

San Diego — Smith & Nephew Inc. won a $4 million jury verdict in Massachusetts federal court on Tuesday in its patent infringement suit against Hologic over a medical tissue removal device.

In June 2010 and November 2011, S&N filed a complaint against Hologic alleging infringement of U.S. Patent Numbers 7,226,459 and 8,061,359 by the use and sale of the MyoSure Tissue Removal Device. The two patent suits were consolidated into a single action culminating in a jury trial which commenced on August 20.

As part of the Tuesday verdict in S&N’s favor, the jury awarded $4 million to the medical device maker in damages for lost profits.

” We are pleased with the jury’s verdict in this case,” S&N representative Joe Metzger said Thursday. “This was an important step in the process and, moving forward, we will continue to vigorously defend our intellectual property, seeking to prevent competitors from unfairly profiting from Smith & Nephew’s innovation.

Hologic, in connection with its January 2011, $125 million acquisition of MyoSure developer Interlace Medical Inc., is indemnified up to a previously defined dollar amount by the former Interlace Medical shareholders for potential associated liabilities, Hologic said in a statement Wednesday.

“We are disappointed in and strongly disagree with the verdict in this case,” Hologic Senior Vice President, Chief Administrative Officer and General Counsel Mark Casey said. “This is but the first step in a multi-phase process and there remain several issues to be decided by the court which could impact the applicability of this verdict.”

“We intend to continue to market and sell the MyoSure product and, if necessary, will pursue the appellate process to ensure the right of women to have access to this best-in-class treatment for the removal of uterine fibroids,” Casey said.