U.S. District Court rules in favor of Hologic in breast brachytherapy patent infringement lawsuit

Hologic, Inc. (Hologic or the Company) (Nasdaq: HOLX), a leading developer, manufacturer and supplier of premium diagnostics, medical imaging systems and surgical products dedicated to serving the healthcare needs of women, today announced that the United States Court of Appeals for the Federal Circuit has ruled in favor of Hologic, by reversing the previous decisions reached by the United States District Court for the Northern District of California, in favor of SenoRx, Inc.  

In the patent infringement lawsuit filed in 2008 by Hologic, Inc., Cytyc Corp., and Hologic L.P. against SenoRx, Inc. (acquired by C.R. Bard in July, 2010) alleging infringement of claims 1 and 8 of Hologic's U.S. Patent 6,482,142 by the SenoRx Contura breast brachytherapy product, the district court had granted SenoRx summary judgment of invalidity as to claim 1 and, following a jury verdict on December 17, 2009, entered a judgment of invalidity as to claim 8.

On February 24, 2011, citing an incorrect claim construction, the Appeals Court reversed the district court's granting of summary judgment of invalidity as to claim 1 and in addition, reversed the district court's judgment of invalidity as to claim 8. In the same 2008 infringement suit, the district court found sales of the SenoRx Contura to infringe claim 8. That judgment of infringement was not appealed by SenoRx. 

"We are extremely pleased that the Court adopted our proffered claim construction and reinstated the validity of the claims of this pioneering patent in the area of breast brachytherapy," said Mark Casey, Senior Vice President and General Counsel.

The matter has been remanded to the district court for further proceedings consistent with the Appeals Court's judgment.