Conceptus prevails in its patent infringement lawsuit against archrival Hologic

After a two-and-a-half-year legal battle, a California jury awarded Conceptus $18.8 million in damages and royalties of 20 percent, holding that Hologic’s Adiana system infringed two claims of U.S. Patent Number 6,634,361, covering the Conceptus Essure female permanent birth control system.

In their 8K, filed October 17, Conceptus stated they will seek an injunction prohibiting Hologic from importing, using, selling or offering to sell its Adiana system in the United States.

The 20% royalty rate is somewhat surprising in light of Conceptus’ own exclusive license of the system in 2003 for 3.25% of net sales. That agreement is found in full text in ktMINE.