Judge Christopher Burke of the U.S. District Court for the Blue Hen State gave the suit, filed by SenoRx last year over Hologic’s Mammosite device for treating breast cancer, ruled that a conference call slated for April 15 will go forward if the case isn’t dismissed by then. Burke earlier denied a move to stay the case filed by Hologic in September 2012.
This week Hologic said the U.S. Patent & Trademark Office rejected all claims in 1 SenoRx patent in the suit and all but 4 of the other.
Bedford, Mass.-based women’s health company Hologic won an appeals court reversal of another case it filed against SenoRx in California in February 2011.
Bard acquired the legal matters when it spent $11 per share, or $200 million, buying SenoRx in July 2010.