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Favorable verdict in gynecology patent infringement suit

Smith & Nephew (LSE: SN, NYSE: SNN), the global medical technology business, announces that earlier this week, a jury in the US District Court for Massachusetts (Boston) found on September 4, 2012 that Hologic, Inc. (Bedford, Mass.) infringed two US Patents held by Smith & Nephew (7226459 and 8061359). The patents relate to Smith & Nephew’s TRUCLEAR™ System and method for removing tissue from the uterus.

“We are pleased with the jury’s verdict,” said Mira Sahney, General Manager, Gynecology for Smith & Nephew. “We are extremely proud of the TRUCLEAR System and we will continue to vigorously defend our intellectual property, seeking to prevent competitors from unfairly profiting from Smith & Nephew’s innovation.”

Unlike other treatment options that use a high-frequency electric current, TRUCLEAR is a first-of-its-kind device that uses a simple mechanical approach to remove fibroids and polyps. By pairing the visualization capabilities of a hysteroscope with the tissue removal capabilities of a morcellator, TRUCLEAR allows healthcare practitioners to see inside the uterus; locate, capture and remove the growth; and suction out the debris without having to insert and remove multiple instruments.


The initial lawsuit was filed against Interlace Medical (Framingham, Mass.) in June 2010. Interlace was acquired by Hologic, Inc. in January, 2011. Smith & Nephew asserted that Hologic’s MyoSureTM Tissue Removal System infringed a patent relating to its TRUCLEAR Hysteroscopic Morcellator. A second lawsuit filed in November 2011 added a claim for infringement of a patent covering a method of uterine tissue removal.  The verdict covered both of the asserted patents.   

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