REDWOOD CITY, Calif., May 6, 2019 /PRNewswire/ -- Last Thursday, May 2, 2019, the U.S District Court for the District of Delaware denied Hologic's request for the Court to halt all sales of Minerva's Endometrial Ablation product. As a result, Minerva will remain free to continue selling its product going forward.
Hologic brought a two patent infringement lawsuit against Minerva in Delaware District Court. Following the trial in 2018, Hologic asked the Court to halt Minerva's sales based solely on its first patent. However, last Thursday the District Court denied Hologic's motion because on April 19th, a panel of three Judges at the Federal Circuit Court of Appeals in Washington, D.C. unanimously affirmed the U.S. Patent Office Decision that all the claims in Hologic's first patent were unpatentable. The Federal Court of Appeals also ordered Hologic to pay Minerva's costs for the appeal. The Delaware District Court noted in last Thursday's ruling that: "It is not likely that the Federal Circuit will reconsider its decision or that the Supreme court will grant certiorari", i.e. further review.
As for the second patent, the Delaware District Court awarded damages to Hologic based on Minerva's sales only up until the date that the patent expired on November 19, 2018. Because this second patent expired last November, and their first patent has been ruled invalid, Hologic is not entitled to any damages after November 2018 regardless of the outcome of any appeal.
As for the amounts awarded by the Delaware Court—which are for past damages only—Minerva intends to appeal that award, and unequivocally maintains its position that the second expired patent was never infringed by Minerva and should have been held invalid as well. No damages, if any, will be due to Hologic until the appeal process is concluded.
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.