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Intellectual Property
Patent Infringement
Lost Profits, Permanent Injunction

Conceptus Inc. v. Hologic Inc.

Published: Feb. 18, 2012 | Result Date: Jan. 9, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 3:2009-cv-02280 Bench Decision –  Mixed

Court

USDC Northern


Attorneys

Plaintiff

Bryan K. Anderson
(Office of the Santa Clara County Counsel)

Nitin Reddy
(Sidley Austin LLP)

Aaron R. Bleharski

Tashica T. Williams

M. Patricia Thayer


Defendant

John E. Nilsson

Matthew M. Wolf

Michael A. Berta
(Arnold & Porter Kaye Scholer LLP)

Sara P. Zogg

Nicholas H. Lee
(Parker, Poe, Adams & Bernstein LLP)

Jennifer A. Sklenar


Facts

In October 2011, a jury found that Hologic Inc.'s Adiana permanent contraception system infringed one of Conceptus Inc.'s patents, and awarded $18.8 million in lost profits. As a result, Conceptus sought to permanently enjoin future sales of Adiana. Hologic sought to set aside the verdict.

Result

The court sustained the jury verdict in full. The court denied Conceptus' request for a permanent injunction and further ruled that no damages would be payable to Conceptus for sales of Adiana between June and December 2011. Rather, Conceptus may file a follow-up lawsuit to collect post-judgment lost profits or royalties.


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