Conceptus (CPTS) Announces Plan to Appeal Court Order in Hologic Patent Infringement Case
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Conceptus, Inc. (Nasdaq: CPTS), developer of the Essure® procedure, the leading non-surgical permanent birth control method, announced today that it intends to file an appeal to overturn the court's ruling denying Conceptus' motion for permanent injunction against Hologic Inc.'s Adiana system. In addition, Hologic has today filed an appeal of the jury's patent validity and infringement verdict.
Conceptus also noted that it maintains the right to file a separate lawsuit at any time for supplemental, post-judgment damages for Hologic's infringement on Conceptus' patent rights, which may include lost profits in addition to the $18.8 million already awarded by the jury, royalty payments and interest from July 2011 through the trial of such lawsuit. Only the timing of such lawsuit will likely be impacted by these appeals.
"We enjoyed a significant victory when the jury found that Hologic infringed our patent and the patent is valid. We are confident that the appeal process will find the jury's verdict was correct, and we will continue to vigorously defend our intellectual property," said Julie Brooks, executive vice president and general counsel of Conceptus.
"Given the jury decision, we believe it is entirely appropriate that the court enjoin Hologic from selling its Adiana system. In addition, we plan to bring our case for post-judgment supplemental damages and are evaluating the best time to do so," said Ms. Brooks. "There's been a misunderstanding in the market that Hologic does not owe us royalties for its continuing infringement of our patent. On the contrary – the judge was very clear that we may pursue additional damages at any time. We plan to take full advantage of that right."
Conceptus also noted that it maintains the right to file a separate lawsuit at any time for supplemental, post-judgment damages for Hologic's infringement on Conceptus' patent rights, which may include lost profits in addition to the $18.8 million already awarded by the jury, royalty payments and interest from July 2011 through the trial of such lawsuit. Only the timing of such lawsuit will likely be impacted by these appeals.
"We enjoyed a significant victory when the jury found that Hologic infringed our patent and the patent is valid. We are confident that the appeal process will find the jury's verdict was correct, and we will continue to vigorously defend our intellectual property," said Julie Brooks, executive vice president and general counsel of Conceptus.
"Given the jury decision, we believe it is entirely appropriate that the court enjoin Hologic from selling its Adiana system. In addition, we plan to bring our case for post-judgment supplemental damages and are evaluating the best time to do so," said Ms. Brooks. "There's been a misunderstanding in the market that Hologic does not owe us royalties for its continuing infringement of our patent. On the contrary – the judge was very clear that we may pursue additional damages at any time. We plan to take full advantage of that right."
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