Hologic, Inc. Announces Favorable Ruling in Litigation With Becton, Dickinson and Company

BEDFORD, Mass., Oct. 4, 2012 /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 a favorable ruling in its patent infringement litigation filed by its subsidiary, Gen-Probe (formerly Gen-Probe Incorporated), against Becton, Dickinson and Company (BD) (NYSE: BDX).

In a decision dated September 28, 2012, the Honorable Roger T. Benitez, United States District Judge for the Southern District of California, granted Gen-Probe’s summary judgment motions of direct infringement, ruling that the use of BD’s ProbeTec Qx CT/GC (chlamydia and gonorrhea) assays on the BD VIPER System with XTR Technology, and the use of BD’s GBS assays on the BD MAX System, infringe three of Gen-Probe’s patents covering automated nucleic acid testing. The Court also granted summary judgment that BD’s specimen collection products, used in conjunction with its ProbeTec Qx CT/GC assays, infringe another Gen-Probe patent covering penetrable caps. The Court denied BD’s summary judgment motion to dismiss Gen-Probe’s infringement claims based on an alleged lack of standing to sue, as well as BD’s summary judgment motions seeking to invalidate the asserted patents. The Court found that BD did not infringe a fourth automation patent and a second penetrable cap patent.

A jury trial on the remaining issues is scheduled to begin on December 4, 2012. The issues to be decided at trial include whether BD is liable for inducing its customers to infringe Gen-Probe’s patents, whether BD’s infringement has been willful, and the monetary damages owed Gen-Probe, as well as BD’s defenses, which include challenges to Gen-Probe’s standing to sue and the validity of the patents. Gen-Probe is also requesting that the Court treble the monetary damages and enter a permanent injunction to prevent further infringement.

“We are pleased with the Court’s decision, which we believe places us in a strong position as we prepare for a jury trial on the remaining issues later this calendar year,” said Mark Casey, Hologic’s Senior Vice President, Chief Administrative Officer and General Counsel.

Gen-Probe Incorporated, which was acquired by Hologic in a transaction that closed on August 1, 2012, originally filed a patent infringement lawsuit against BD in October 2009.

Forward-Looking Statement Disclaimer:

This News Release may contain forward-looking information that involves risks and uncertainties, including statements about litigation activities. These forward-looking statements are based upon assumptions made by the Company as of the date hereof and are subject to known and unknown risks and uncertainties that could cause actual results to differ materially from those anticipated. 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.

About Hologic, Inc.:

Hologic, Inc. is a leading developer, manufacturer and supplier of premium diagnostic products, medical imaging systems, and surgical products. The Company operates four core business units focused on diagnostics, breast health, GYN surgical and skeletal health. With a comprehensive suite of technologies and a robust research and development program, Hologic is committed to improving lives. The Company is headquartered in Massachusetts. For more information, visit www.hologic.com.

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

SOURCE Hologic, Inc.