Hologic, Inc. today announced that Conceptus, Inc.'s (Conceptus) request for an injunction barring future sales of Hologic's Adiana permanent contraception (Adiana) system has been denied and that no royalty will be due to Conceptus on such sales.
In October 2011, a jury returned a verdict in favor of Conceptus' finding that use of the Adiana system infringed certain claims of one patent. As a result of the jury verdict, Conceptus sought to permanently enjoin future sales of the Adiana system. On January 6, 2012, a judge in the United States District Court for the Northern District of California heard arguments from both parties on the issue and on January 9, 2012, issued a ruling that denied Conceptus' request. The judge further ruled that no royalties will be payable to Conceptus for future sales of the Adiana system.
"We are very pleased the judge saw fit to allow the Adiana system to stay on the market as an alternative for women seeking permanent contraception," said Mark Casey, Hologic's Senior Vice President and General Counsel. "We continue to evaluate our options in this matter, including appealing the underlying infringement verdict."