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Hologic, Inc. (HOLX) Announces Favorable Ruling In Patent Infringement Suit Against SenoRx, Inc. (SENO)


2/28/2011 8:00:27 AM

BEDFORD, Mass., Feb. 25, 2011 /PRNewswire/ -- Hologic, Inc. (Hologic or the Company) (Nasdaq: HOLX), a leading developer, manufacturer and supplier of premium diagnostics, medical imaging systems and surgical products dedicated to serving the healthcare needs of women, today announced that the United States Court of Appeals for the Federal Circuit has ruled in favor of Hologic, by reversing the previous decisions reached by the United States District Court for the Northern District of California, in favor of SenoRx, Inc.

In the patent infringement lawsuit filed in 2008 by Hologic, Inc., Cytyc Corp., and Hologic L.P. against SenoRx, Inc. (acquired by C.R. Bard in July, 2010) alleging infringement of claims 1 and 8 of Hologic's U.S. Patent 6,482,142 by the SenoRx Contura breast brachytherapy product, the district court had granted SenoRx summary judgment of invalidity as to claim 1 and, following a jury verdict on December 17, 2009, entered a judgment of invalidity as to claim 8.

On February 24, 2011, citing an incorrect claim construction, the Appeals Court reversed the district court's granting of summary judgment of invalidity as to claim 1 and in addition, reversed the district court's judgment of invalidity as to claim 8. In the same 2008 infringement suit, the district court found sales of the SenoRx Contura to infringe claim 8. That judgment of infringement was not appealed by SenoRx.

"We are extremely pleased that the Court adopted our proffered claim construction and reinstated the validity of the claims of this pioneering patent in the area of breast brachytherapy," said Mark Casey, Senior Vice President and General Counsel.

The matter has been remanded to the district court for further proceedings consistent with the Appeals Court's judgment.

About Hologic, Inc.:

Hologic, Inc. is a leading developer, manufacturer and supplier of premium diagnostics products, medical imaging systems and surgical products dedicated to serving the healthcare needs of women. Hologic's core business units are focused on breast health, diagnostics, GYN surgical, and skeletal health. Hologic provides a comprehensive suite of technologies with products for mammography and breast biopsy, breast Magnetic Resonance Imaging, radiation treatment for early-stage breast cancer, cervical cancer screening, treatment for menorrhagia and uterine fibroids, permanent contraception, osteoporosis assessment, preterm birth risk assessment, mini C-arm for extremity imaging and molecular diagnostic products including HPV and reagents for a variety of DNA and RNA analysis applications.

Hologic and Cytyc and associated logos are trademarks and/or registered trademarks of Hologic, Inc. and/or its subsidiaries in the United States and/or other countries.

Forward-Looking Statement Disclaimer:

This News Release may contain forward-looking information that involves risks and uncertainties, including statements about litigation activities. There can be no assurance that Hologic will prevail in its further proceedings. Hologic expressly disclaims any obligation or undertaking to release publicly any updates or revisions to the data or statements presented herein to reflect any change in the Company's expectations or any change in events, conditions or circumstances on which any such data or statements are based. Certain factors that could adversely affect the Company's business and prospects are described in Hologic filings with the Securities and Exchange Commission.

Contact:

Deborah R. Gordon


Vice President, Investor Relations


Hologic, Inc.


(781) 999-7716



SOURCE Hologic, Inc.



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