Federal judge deals blow to Conceptus infringement suit against Hologic

November 12, 2009 by MassDevice staff

A federal judge in California dealt a blow to a Conceptus Inc. (CPTS) lawsuit against Hologic Inc. (HOLX), alleging infringement of five patents for its Essure female sterilization system.

Essure, the Mountain View, Calif.-based company's sole product, uses a flexible coil partly made of copper to permanently block the fallopian tubes. The device is delivered via a trans-cervical catheter.

Conceptus sought a preliminary injunction barring Hologic from bringing its Adiana treatment to market. That system, which won 510(k) clearance from the Food & Drug Administration in July, also uses a small insert to occlude the fallopian tubes. But the Adiana procedure first applies radiofrequency energy to small sections of the tube, before a silicone plug is implanted.

Federal Judge William Alsup of the U.S. District Court for Northern California denied the motion, ruling that Conceptus didn't prove it met the rigorous requirements for granting a preliminary injunction.

Conceptus sued Hologic in May over the alleged patent infringement and filed for the injunction shortly after the Adiana system won FDA clearance.

In a prepared statement, Conceptus president and CEO Mark Sieczkarek said the company is "disappointed" with Alsup's decision, even knowing that winning an injunction was a long shot.

"We continue to believe that at trial we will win on the merits of our case and prove conclusively that the Adiana system infringes our patents," Sieczkarek said. "Our patents are the foundation of our work in developing one of the most effective forms of permanent contraception ever available and we intend to vigorously enforce all of our intellectual property rights against infringement or misappropriation."

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