By Saabira Chaudhuri
Hologic Inc. (HOLX) said it has been granted a favorable ruling
in a patent infringement case it filed against medical technology
company Becton Dickinson & Co. (BDX).
A U.S. district court in California granted Hologic's summary
judgment motions of direct infringement, ruling that three of
Hologic's patents covering automated nucleic acid testing were
infringed. The court also granted summary judgment that Becton's
specimen collection products, used in conjunction with its
chlamydia and gonorrhea assays, infringe another Hologic patent
covering penetrable caps.
A representative of Becton wasn't immediately available for
comment.
The court also denied Becton's summary judgment motion to
dismiss the infringement claims based on an alleged lack of
standing to sue, as well as its motions seeking to invalidate the
asserted patents.
However, the court found that Becton didn't infringe a fourth
automation patent and a second penetrable cap patent.
Remaining issues to be decided include whether Becton is liable
for allegedly inducing its customers to infringe Hologic's patents,
whether Becton's alleged infringement has been willful, and the
monetary damages owed to Hologic. Hologic said it is also
requesting that the court triple the monetary damages and enter a
permanent injunction to prevent further infringement.
Shares of Hologic closed at $21.14 Wednesday and were inactive
premarket. The stock is up 44% in the past 12 months. Shares of
Becton closed at $78.77 Wednesday and were also inactive premarket.
Becton's shares are up 8.9% in the past 12 months.
Write to Saabira Chaudhuri at saabira.chaudhuri@dowjones.com
Subscribe to WSJ: http://online.wsj.com?mod=djnwires