Conceptus has reported that the US District Court, Northern District of California has denied Conceptus’ motion for a preliminary injunction prohibiting Hologic, from importing, using, selling or offering to sell the Adiana system in the US.
Conceptus has filed suit against Hologic, asserting that the Adiana permanent contraception system infringes several US patents owned by Conceptus. The Adiana permanent contraception system was approved by the FDA and Conceptus filed its motion for a preliminary injunction shortly thereafter.
Mark Sieczkarek, president and chief executive officer of Conceptus, said: “While we realised from the start that preliminary injunctions are rarely granted, we nonetheless are disappointed with the court’s decision on this matter. We continue to believe that at trial we will win on the merits of our case and prove conclusively that the Adiana system infringes our patents.
“Our patents are the foundation of our work in developing one of the most effective forms of permanent contraception ever available and we intend to vigorously enforce all of our intellectual property rights against infringement or misappropriation.”
Essure procedure is a permanent birth control method that can be done in the comfort of a physician’s office in about 13 minutes (average hysteroscopic procedure time) without hormones, cutting, burning or the risks associated with general anesthesia or tubal ligation.