Minerva Surgical Announces Outcome in Hologic Patent Lawsuit
REDWOOD CITY, Calif., July 30, 2018 /PRNewswire/ -- Minerva Surgical, a developer, manufacturer and supplier of products dedicated to serving the needs of millions of women suffering from abnormal uterine bleeding (AUB), today announced that on Friday, July 27, 2018, a Delaware jury returned a verdict in the patent infringement suit brought by Hologic (HOLX) against Minerva in late 2015.
The jury found Minerva behaved properly at all times, vindicating Minerva as to Hologic's allegations of willful patent infringement.
In November 2015, Hologic filed suit in the United States District Court for the District of Delaware alleging infringement of four patents. Hologic dropped two of the four patents from the case prior to trial. The two remaining patents were U.S. Patent No. 6,872,183 (the '183 patent) and U.S. Patent No. 9,095,348 (the '348 patent). However, in December 2017 the U.S. Patent Office ruled that all claims of Hologic's '183 patent are "unpatentable," thus invalidating the patent. Hologic's second patent, the '348 patent, is from an old line of patents and expires this November 2018. On July 27, 2018, following a ten-day trial, the jury returned a verdict vindicating Minerva of any willful patent infringement, and awarding Hologic the sum of $4.8 million—approximately one quarter of the amount Hologic was seeking in damages.
"Although the jury apparently gave credit to Minerva for its own independent innovation, and awarded only a fraction of what Hologic was seeking in damages, we nevertheless intend to vigorously challenge infringement and that any award was warranted. We also intend to support the Patent Office's conclusion last December that Hologic's '183 patent is invalid, and thus cannot be enforced against Minerva or anyone else," said Dave Clapper, Minerva's Chief Executive Officer. "This is but one step in a multi-phase process and there remain issues to be decided by the Court of Appeals that could impact the applicability of this verdict. We intend to continue selling the Minerva product and, if necessary, pursue the appellate process to ensure the right of women to have access to our best-in-class Minerva treatment, with statistically greater effectiveness compared to the other FDA approved endometrial ablation devices."
About Minerva Surgical: Minerva Surgical is an innovative medical technology company focused on improving women's health by developing treatments for excessive menstrual bleeding. Minerva and Minerva ES, and associated logos are trademarks and/or registered trademarks of Minerva Surgical in the United States and/or other countries. All other trademarks, registered trademarks, and product names are the property of their respective owners.
Important Safety Information: Minerva endometrial ablation is for premenopausal women with heavy periods due to benign causes who are finished childbearing. Pregnancy following the Minerva procedure can be dangerous. The Minerva procedure is not for those who have or suspect uterine cancer; have an active genital, urinary or pelvic infection; or an IUD. Minerva endometrial ablation is not a sterilization procedure. Rare but serious risks include, but are not limited to, thermal injury, perforation and infection. Temporary side effects may include cramping, nausea, vomiting, discharge and spotting. For detailed benefit and risk information, please consult the IFU.
For more information on the Minerva procedure and full product labeling, visit: www.MinervaSurgical.com