Hologic settles J&J subsidiary patent dispute

By Mass High Tech staff

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Medical imaging company Hologic Inc. has settled patent disputes with a subsidiary of Johnson & Johnson Co. in a deal that will see Bedford-based Hologic pay out $12.5 million for one product and get ongoing royalties coming in from another.

Ethicon Endo-Surgery Inc. filed two lawsuits on Oct. 5, 2007, and Aug. 6, 2009, against Hologic (Nasdaq: HOLX) and its subsidiary, Suros Surgical Systems Inc., alleging patent infringement by the Atec and Eviva biopsy products. In turn, Hologic brought suit against EES on April 30, 2009, alleging patent infringement by the Mammotome MR biopsy product.

Specific details of the settlement were not disclosed, but Hologic did say that EES has agreed to pay Hologic ongoing royalties for sales of Mammotome, while Hologic in turn will pay EES $12.5 million, plus ongoing royalties for sales of its Atec and Eviva hand pieces. Neither party acknowledges any liability in the disputes as part of the settlement.

In December, Hologic lost a patent infringement suit the company brought against SenoRx Inc., alleging two claims of patent infringement on its brachytherapy technology, a form of radiation treatment where radioactive “seeds” are placed in cancerous tissue. The jury found neither claim to be valid. Hologic said at the time it would appeal.

With nearly 4,000 employees worldwide, Hologic reported $101.7 million in profit for the last three quarters of calendar 2009, on revenue of $1.22 billion for that period.

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