Ethicon Endo-Surgery, Hologic settle patent infringement claims by selling each other’s devices

CINCINNATI, Ohio — Ethicon Endo-Surgery Inc. and a subsidiary of Hologic Inc. have settled their patent infringement disagreements with a $12.5 million payment to Ethicon and the promise to share royalties from selling each other’s breast cancer biopsy devices.

Ethicon Endo-Surgery, which is a Johnson & Johnson company, sued Hologic unit Suros Surgical Systems Inc. in 2007 and again in 2009 for infringing on patents for Ethicon’s MAMMATOME minimally invasive biopsy system, according to a Hologic release. Hologic filed its own patent infringement lawsuit against Ethicon in 2009 for infringing on the Bedford, Mass., company’s ATEC and AVIVA biopsy devices.

Both companies last week agreed to dismiss their respective lawsuits without admitting wrongdoing or liability. Hologic will pay Ethicon $12.5 million plus royalties on sales of ATEC and AVIVA hand pieces. Ethicon will pay Hologic royalties on sales of MAMMATOME biopsy systems.

The settled cases were being tried in Ohio by U.S. District Court Judge Michael R. Barrett and pending trial in Delaware before U.S. District Court Judge Joseph J. Farnan Jr., Ethicon said. Further terms of the settlement were not disclosed.

“We are pleased to resolve this long-standing litigation with Hologic,” said Kevin Lobo, worldwide president of Ethicon Endo-Surgery, in his company’s release. “We firmly stand behind our intellectual property, which allows us to bring innovative products to market and advance patient care.”

Hologic, too, is pleased.

“We are pleased to end all outstanding legal matters between Hologic and [Ethicon] and to move forward under the settlement agreement,” said Mark Casey, senior vice president and general counsel for Hologic, in his company’s statement. “Based upon the mutual agreement by both parties, we feel the settlement reached is in the best interest of the company and its shareholders.”