The UPC ruled that Siemens Healthineers infringed upon a critical Hologic mammography technology patent with its latest system. It imposed an injunction that prohibits Siemens Healthineers from making, placing on the market, using or importing or storing for those purposes its Mammomat B.brilliant systems across Germany, France and the Netherlands.
Hologic said the UPC also granted monetary damages and penalties for non-compliance. It required Siemens Healthineers to execute a mandatory recall and destruction of all affected systems in those countries.
The UPC ruling relates to European Patent (EP) 2 352 431. It covers Hologic’s Focusing Technology on the Envision mammography platform.
In addition to the broad injunction, recall and destruction, the court granted Hologic retroactive and future damages and costs. Those remain yet to be determined. Siemens Healthineers also must refund customers of the infringing systems for the purchase price paid, Hologic said. It also has to reimburse customers for logistics and related costs as part of the recall.
Essex Mitchell, COO at Hologic, said:
“This ruling is a decisive validation of the strength and originality of Hologic’s innovation —and, more importantly, of the standards we believe women deserve in breast cancer screening. Our technologies are designed to help detect cancer earlier, improve diagnostic confidence and ultimately save lives. When other companies infringe on our patented inventions, it risks undermining the development of new and innovative products that give physicians the ability to deliver the care patients depend on. Hologic will continue to work to ensure clinicians have access to the most advanced, proven technologies and that women worldwide have access to the latest screening innovations.”
