Women's imaging vendor Hologic acknowledged in an October 9 filing with the U.S. Securities and Exchange Commission (SEC) that Cincinnati-based Ethicon Endo-Surgery has filed a patent infringement complaint against Hologic and its wholly owned subsidiary, Suros Surgical Systems of Indianapolis.
The complaint, filed in the U.S. District Court of Ohio by the Johnson & Johnson operating company on October 5, alleges that Hologic infringed on four Ethicon patents by way of its ATEC biopsy systems, which are manufactured and sold by Suros.
Ethicon Endo-Surgery wants Bedford, MA-based Hologic and Suros to cease the infringement, and is asking for damages and costs related to the alleged actions.
In its SEC filing, Hologic stated that it "believes that the lawsuit is without merit and intends to vigorously defend its position. As the complaint was only recently filed, Hologic and Suros are in the preliminary stages of investigating Ethicon's claims."
The lawsuit comes as Hologic prepares for an October 18 special meeting for shareholders to vote on the company's proposed $6.2 billion acquisition of Cytyc of Marlborough, MA. Cytyc makes Pap smear tests and other women's health products.
Under the terms of the deal, Cytyc shareholders would receive 0.52 shares of Hologic common stock and $16.50 in cash for each share of Cytyc stock that they own.
The new entity would retain the Hologic name. Current Cytyc chairman, president, and CEO Patrick Sullivan would become Hologic's chairman, while current Hologic chairman and CEO Jack Cumming would continue as CEO.
AuntMinnie.com staff writer
October 10, 2007
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Hologic to buy Cytyc in $6.2 billion deal that unites women's health companies, May 21, 2007
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