Stay ahead of developments in federal and state health care law, regulation and transactions with timely, expert news and analysis.
Medical device maker Minerva Surgical, Inc. failed to convince a federal court to stop Hologic Inc. from selling an endometrial ablation device that competes with Minerva’s system.
Minerva isn’t entitled to an injunction barring sales of Hologic’s new NovaSure Advanced device because it couldn’t demonstrate it was likely to succeed in the patent infringement case, Judge James Donato of the U.S. District Court for the Northern District of California said in a Jan. 5 ruling.
In a blow to Minerva and its EAS device, Donato said stopping sales of Hologic’s Advanced would limit women’s access to a device offering women “a greater degree of effectiveness and comfort than other options on the market.” The ruling leaves Minerva’s EAS competing with the NovaSure Advanced device, which Hologic began distributing in February 2017.
Endometrial ablation devices treat abnormally heavy menstrual bleeding by destroying the uterine lining.
Minerva alleged Hologic’s sales of its Advanced device infringe U.S. Patent No. 9,186,208 covering systems for endometrial ablation and asked the court to enjoin sales of the device. Minerva argued sales of the Advanced device have forced it to cut its price for Minerva EAS but the court said Minerva’s evidence for price erosion was to scant to support its arguments.
Michael J. Watts, Hologic’s vice president of investor relations and corporate communications, told Bloomberg Law Jan. 8 the company doesn’t comment on ongoing legal matters. Watts said the company hasn’t made sales figures for Novasure Advanced available.
Bloomberg Law contacted Minerva for comment on the ruling but no one from the company was available to respond.Wilson Sonsini Goodrich & Rosati represented Minerva. Founded in 2008, the company is based in Redwood City, Calif.
Arnold & Porter Kaye Scholer LLP represented Marlborough, Mass.-based Hologic and subsidiary Cytyc Surgical Products LLC.
The case is Minerva Surgical, Inc. v. Hologic, Inc. , 2018 BL 4222, N.D. Cal., No. 3:17-cv-02013-JD, 1/5/18 .
To contact the reporter on this story: Dana A. Elfin in Washington at email@example.com
To contact the editor responsible for this story: Brian Broderick at firstname.lastname@example.org
The opinion is at http://src.bna.com/vs4.
Copyright © 2018 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)