The US International Trade Commission’s (ITC) administrative law judge has issued a favourable initial ruling in the probe of the patent infringement complaint filed by Hologic against Fujifilm.
These patents are related to X-ray mammography with tomosynthesis and other associated mammography technologies that are used in Hologic’s Selenia Dimensions and 3Dimensions systems. These systems are manufactured in the US.
These technologies aid the company’s Hologic’s 2D and 3D combination exam, which has been recognised by FDA as superior than only 2D mammography. They have detected 20-65% more invasive breast cancers and cut down callbacks by up to 40%.
Under the initial ruling, Fujifilm has been found to have infringed the patents brought for trial. The judge dismissed Fujifilm’s defences against these patents.
Hologic breast and skeletal health president Pete Valenti said: “We are pleased that the Administrative Law Judge has upheld the integrity of our intellectual property against Fujifilm.
“We are confident that the Commission will uphold the decision to issue both an exclusion order and a cease-and-desist order covering Fujifilm’s infringing products. As the world leader and innovator in mammography, we will continue to vigorously protect our intellectual property, which drives innovation for our customers and patients.”
The judge has also recommended an exclusion order to prevent the importation of infringing Fujifilm products into the US, and a cease-and-desist order which would stop the further sale and marketing of these products in the country.
A final ruling by the ITC is slated to be issued on 26 November.
Late last month, US District Court for the District of Delaware awarded $4.8m to Hologic as damages for Minerva Surgical’s infringement of two Hologic patents on endometrial ablation technology.