Today Minerva Surgical announced today that the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. (the “Federal Circuit”) issued its final Mandate, formally ending Hologic’s appeal and rejecting Hologic’s attempt to reverse its April 2019 decision concluding that Hologic’s ‘183 patent is invalid. On July 16, 2019 the Federal Circuit had already denied Hologic’s Petition to reconsider its April decision. Hologic asserted the ‘183 patent against Minerva in a 2015 lawsuit, after which Minerva successfully challenged the validity of the ‘183 patent.
Also, based on the Federal Circuit’s April decision that the ‘183 patent is invalid, in May the U.S Federal District Court for the District of Delaware (the “District Court”) issued an Order denying Hologic’s request to halt sales of Minerva’s Endometrial Ablation System based on the ‘183 patent. In denying Hologic’s request, the District Court noted in its Order that: “It is not likely that the Federal Circuit will reconsider its decision or that the Supreme court will grant certiorari.” As confirmed today by the Federal Circuit’s Mandate, the District Court’s prediction that the Federal Circuit was unlikely to reconsider its decision that the ‘183 patent is invalid proved to be correct. Consequently, Minerva remains free to continue selling its best-in-class Minerva Endometrial Ablation System.