Smith & Nephew won a $4 million dollar lawsuit against Hologic, a maker of imaging and diagnostic equipment, according to Law360. However, the win for Smith & Nephew comes with a significant caveat: A federal judge in Boston, MA ruled that damages can’t be determined yet due to an “ambiguous” patent held by Smith & Nephew.
The federal lawsuit in the United States is the consolidation of two separate cases filed against Interlace and its parent company Hologic. Both cases allege that the Interlace infringed on Smith & Nephew’s patents during the development of its MyoSure device. The MyoSure device is designed to remove benign tumors known as fibroids from a patient’s uterus.
In September of last year, a jury awarded Smith & Nephew $4 million in damages to cover lost profits due to infringement. However, further damages cannot be determined yet.
Smith & Nephew first filed against Interlace in 2010. The lawsuit alleged that Interlace’s former CTO, Ronald Adams, stole technology from Smith & Nephew when he joined the then-startup. Hologic was named in the lawsuit after it bought out Interlace last year.
"Unfortunately, I am left without any measure of what damages to award. To rectify the situation, 3 options present themselves. First, the parties could simply agree on an appropriate measure of damages; 2nd, the court could hold a bench trial limited to determining the correct amount of damages; or 3rd, the court could hold a jury trial limited to determining the correct amount of damages,” wrote Judge Rya Zobel of the United States District Court of Massachusetts.