Hologic to once again pursue SenoRx patent infringement

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Women’s diagnostic imaging systems developer Hologic has won an appeal reinstating the validity of its claims that SenoRx violated Hologic’s patent on a breast brachytherapy product.  

In 2008, Hologic, along with Cytyc, filed suit against breast cancer device manufacturer SenoRx for infringing on claims 1 and 8 of Hologic’s breast brachytherapy product, U.S. Patent 6,482,142.

The district court found that Irvine, Calif.-based SenoRx’s sales of its Contura device did infringe on claim 8 of Hologic’s patent. Although SenoRx did not appeal this decision, in 2009, the district court granted SenoRx summary judgment of invalidity for both of Bedford, Mass. Hologic’s claims 1 and 8.

This past Thursday, however, the U.S. Court of Appeals for the Federal Circuit in Washington, DC, reversed the district court’s ruling of invalidity of claims. The Appeals Court decision reinstates Hologic’s claims to patent infringement and allows the company to pursue royalties under the alleged infringements.