Hologic loses $4M patent suit to Smith & Nephew over Interlace fibroid tech

September 6, 2012 by MassDevice staff

Hologic says a Massachusetts jury ruled against it in a patent infringement lawsuit, awarding damages of $4 million over the MyoSure device Hologic acquired along with Interlace Medical.

SNN, Interlace logos

A Massachusetts jury handed Hologic (NSDQ:HOLX) a $4 million setback today in a patent infringement battle with Smith & Nephew (FTSE:SN, NYSE:SNN) over Hologic's MyoSure fibroid surgery device.

The Bedford, Mass.-based women's health giant bought the lawsuit along with Interlace Medical for $125 million in early 2011. Interlace developed the MyoSure device, a hysteroscopic system designed to remove fibroids — benign tumors of the uterus — in an out-patient procedure, using a high-speed cutting blade.

The lawsuit, the consolidation of two cases filed by the British orthopedic devices giant against Interlace and then Hologic, alleges infringement of a pair of patents covering the MyoSure technology.

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"On Sept. 4, 2012, the jury in the trial returned a verdict in S&N's favor," according to a press release. "As a part of this verdict, the jury awarded S&N the sum of $4 million as damages for lost profits."

Hologic said its deal for Interlace indemnified it "up to a previously defined dollar amount ... for potential associated liabilities."

"We intend to continue to market and sell the MyoSure product and, if necessary, will pursue the appellate process," Hologic general counsel Mark Casey said in prepared remarks.