Hologic and Cytyc Surgical Denied Preliminary Injunction

June 6, 2016 – The District of Delaware denied Plaintiffs Hologic, Inc.’s and Cytyc Surgical Products, LLC’s motion for a preliminary injunction seeking to enjoin Defendant Minerva Surgical from selling its Minerva Endometrial Ablation System.  The Court held that the Plaintiffs failed to establish a likelihood of success on the merits and failed to establish irreparable harm.  The Court reasoned that Minerva raised substantial questions regarding whether the accused product satisfies the limitations of the patents-in-suit, and found the Defendant, with the help of an expert, raised substantial questions of invalidity.

The patents-at-issue are U.S. Patent Nos. 6,872,183, 8,998,898, 9,095,348 and 9,247,989 related to a system and method for detecting perforations in a body cavity, and an apparatus and method of ablating and/or coagulating tissue, such as that of the uterus or other organ.

The case is captioned Hologic, Inc. and Cytyc Surgical Products, LLC v. Minerva Surgical, Inc., in the District of Delaware, 15-1031-SLR.

By:  Christopher J. Stankus

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