Ethicon Endo-Surgery, Inc., (Ethicon) a Johnson & Johnson company, has reached an agreement with Hologic, Inc. of Bedford, Mass., and Hologic subsidiary Suros Surgical Systems, Inc., (Hologic) to resolve patent dispute litigation in federal courts in Ohio and Delaware.

According to the court docket for the case in the Southern District of Ohio, Judge Michael R. Barrett had approved the parties' Order of Dismissal, asking the court to dismiss Ethicon's complaint and Hologic's counterclaims and complaint for a declaratory judgment, and acknowledging that the parties have entered into a written settlement agreement. The companies say the pending cases in Delaware will also be dismissed.

The settlement agreement resolves the disputes involving patents relating to the Ethicon Endo-Surgery Mammotone breast biopsy devices and the Hologic ATEC and Eviva breast biopsy devices. Under the agreement, neither party will acknowledge liability. Ethicon and Hologic will enter into a cross licensing agreement of the sales and royalties of ATEC and Eviva and Mammotome. Hologic has also agreed to pay Ethicon $12.5 million.

"We are pleased to resolve this longstanding litigation with Hologic," said Kevin Lobo, Worldwide President, Ethicon Endo-Surgery, in a press release. "We firmly stand behind our intellectual property, which allows us to bring innovative products to market and advance patient care."

"Based upon the mutual agreement by both parties, we feel the settlement reached is in the best interest of the Company and its shareholders," said Mark Casey, Senior Vice President and General Counsel of Hologic, in a press release. "We are pleased to end all outstanding legal matters between Hologic and EES and to move forward under the settlement agreement."

Adapted in part from press releases from Ethicon and Hologic.

Read the details:

The Ethicon press release: http://www.ethiconendo.com/dtcf/pages/press_room_37.htm

The Hologic press release: http://www.hologic.com/news-releases/173-id.234881641.html

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