Court decision

where is it? Someone post the link: what’s the outcome?

 

Press release was just sent out. Tuff sledding ahead for Minerva.

 

http://www.nbc-2.com/story/38753586/hologic-awarded-48-million-in-patent-infringement-lawsuit-against-minerva-surgical

 

MARLBOROUGH, Mass., July 27, 2018 /PRNewswire/ -- Hologic, Inc. (Nasdaq: HOLX) announced today that a jury in the U.S. District Court for the District of Delaware awarded Hologic $4.8 million in damages for Minerva Surgical's infringement of two Hologic patents related to endometrial ablation technology.

On June 28, 2018, the Court ruled that Minerva's endometrial ablation system infringes U.S. Patents 6,872,183 and 9,095,348. The Court also rejected all of Minerva's defenses to infringement. As a result of these decisions, Hologic will seek an injunction prohibiting Minerva from further manufacturing or selling the infringing device in the United States. Damages will continue to accrue until Minerva ceases its infringing conduct.


In November 2015, Hologic brought suit against Minerva alleging that Minerva's endometrial ablation system infringes several Hologic patents. The patents relate to technology used in the company's NovaSure endometrial ablation procedure, a market-leading treatment for abnormal uterine bleeding. In 2004, Hologic acquired the patents through its acquisition of Novacept, Inc. Former Novacept executive Csaba Truckai founded Minerva four years later. Minerva then developed and commercialized its endometrial ablation device, which the Court found incorporated the same patented technology that Novacept sold to Hologic.

"We are extremely pleased with the Court's ruling and the jury's verdict, which together validate Hologic's assertions of patent infringement by Minerva Surgical and recognize the value of our intellectual property," said Sean Daugherty, President of GYN Surgical Solutions at Hologic. "As the maker of the NovaSure system, we are committed to delivering best-in-class products backed by strong clinical data for our customers and their patients."

 

Selling for years as the “new Novasure” just cost them $4M....

 

You were awarded nothing yet. You weren’t granted an injunction as well. The “new novasure” has nothing to do with the patent in question.

 

“District of Delaware awarded Hologic $4.8 million in damages for Minerva Surgical's infringement of two Hologic patents”

...uhh...kinda looks some money was awarded.

 

No money has been given to your company at this time. Learn how to read jury verdicts not what your company tells you in a press release. Appeal may reverse everything. Your product is finished.

 

But Minerva would continue to rack up penalties if you go through the appeal as explained in this: "Damages will continue to accrue until Minerva ceases its infringing conduct."

I think you're being overly optimistic in some ways and downright delusional in others - ex: "your product is finished." There's no way you actually believe that. Back to reality- If Minerva has to re-design the device to get around patent infringement, here's how things would likely shake out:
1) You may have to stop selling your current device as requested by Hologic in the case
2) A re-design of the device would require new FDA submission and approval - combined I would guess this is a 12-18 month process at best. Can Minerva weather the storm? That's a long time to go with no selling efforts allowed and expenses racking up. Plus, how will a redesign change clinical claims?

You may see someone swoop in and buy Minerva at some point as it may be the only option - a company with deeper pockets who sees promise in stealing market share may be willing to take this on. Hologic is in a position of power here, they have very deep pockets compared to Minerva, and they've "been here before" - several times against other companies infringing on their patents. Personally, I don't think things look promising for Minerva because something like this can cripple a company of this size. BTW, I don't work for Hologic so I don't have an axe to grind against anyone at either company.

 

You are wrong. No injunction was granted. Hologic appealing ruling. Get your facts straight.

 

You don't have your facts straight- re-read my post. I never said injunction was granted - I said "IF" and "MAY" to clearly indicate the uncertainty surrounding the fact that Minerva MAY have to stop selling the device.

So you're saying Hologic is appealing the ruling- for what purpose? To attempt getting the injunction? It appears Minerva is planning on appealing as well to fight the relevance of the two patents and the roughly $5 million in damages.

 

You claim not work for hologic and that’s clearly bullshit. Nowhere in any judgement is the possibly of needing 12 months to make a new device.

Secondly no injunction was granted, hologic is welcome to appeal for one but it’s retarded you right MAY happen as it’s not close to possible.

The patent being infringed is done in November. Minerva wins. You lose.

Minerva will more than likely not even have to pay anything. Keep banging the idiot drum. I’ll keep selling!

 

Dude, I don't work for Hologic - I don't even sell into GYN. I follow this only because I hold shares - other than that and the entertainment value of what's happening, I couldn't care less. Further, I'm not bashing Minerva at all (which may be the only proof you need that I don't work for Hologic). I'm just pointing out things you keep saying that make no sense and I'm actually asking you to clarify them. Stop acting like a meatball. In your above post, you make even more strange statements.
- I never said the judgement stated 12 months to make a new device. Re-read what I posted. I said IF...IF Minerva had to re-design the device to get around patent issues, it COULD take 12-18 months. I was saying 12-18 months due to the fact that a re-design takes a while from various standpoints and it may require Minerva to re-submit for FDA approval.
- I realize no injunction was granted. Re-read one of your posts where you say Hologic is going to appeal. I'm asking you (again) why Hologic would appeal. That doesn't make sense, unless they would appeal to try to get a harsher judgement (like forcing Minerva to stop manufacturing/selling). I think you meant to say "Minerva will appeal.." Clearly I understand why Minerva would appeal.
- I'm not so sure that the patent expiring in November is something you should be excited about as it relates to this case. Think about it from a couple different perspectives instead of just one.

PS- if you're the same poster in another thread here about 4 weeks ago that attempted to point out how wrong I was on legal & regulatory matters related to clinical claims, I'm still waiting on you to provide details of where I was wrong.

 

'You claim not work for hologic'?

'... you right MAY happen'?

'The patent being infringed is done in November'?


Do all Minerva reps speak like Tarzan?

 

I don’t know any shareholders that comment on every post. Which means you’re a GYN rep moron.

Why would hologic appeal the decision in an attempt to seek an injunction? To drain resources and to whisper their bullshit lies to customers. Makes sense.

You created a thread on the idea of an injunction that is next to impossible and ran with redesign because...you know trials take that long. You took a bit of truth and twisted it. Like all hologic reps.

In addition, November matters on the expiring patent. Once it’s expired you’re sol. Time for work and to take your business

 

- I have a substantial share position in Hologic. It would be irresponsible to not attempt to read and research things that present a different point of view than what I hear every 3 months on investor calls. I may be a moron, but I'm not a GYN rep. And I don't work for Hologic, Minerva, or anyone in the device sector. I also don't know a single person that works selling these type of GYN devices, so I would consider myself relatively un-educated on the details of how each product works, clinical advantages, etc. I don't have access to any HOLX or Minerva resources to drink Kool Aid from either brand.
- I agree that's why Hologic would appeal. I didn't understand the way you tried to communicate that earlier; thank you for clearing it up.
- I didn't create this thread - I am poster 9, 11, 13. The only thread I started is one that has 0 replies that shows the Fuji patent ruling that was just released. Again, I care about that because I'm a shareholder - and to be honest, I care way more about what's happening outside of the GYN business since GYN is very small in relationship to the company portfolio. I'm also following the story that broke late yesterday afternoon about Hologic being one of 10 companies warned about their marketing claims associated in the CynoSure business. The stock is all over the map and was down about 10% after-hours and the earnings call is this afternoon. If you ever hold a substantial position in any company, I hope you do research on them as well instead of blindly putting your money there and never looking at what's happening.
- You're only thinking about November patent expiration from your point of view thinking it's going to allow you to sell easier (that may end up being the case). However, I see the potential for that to actually be problematic for Minerva as it relates to the case itself and how Hologic will attempt to punish Minerva even more in the appeal. Just because the patent is about to expire doesn't mean you should have been allowed to infringe on it to begin with. Personally I find the timing of it fascinating and am interested to see how an appeal plays out for either company.

You speak with a lot of confidence about things you're not involved with (you aren't a lawyer for Minerva). It's ok to be passionate about your company and product, but it's obvious from an outsider perspective you're just as guilty of drinking your company's Kool-Aid as you sit back and accuse Hologic reps of doing the same.

 

Someone just got bitchslapped. Well said above! Btw. Ask any company if 13% of revenue matters... it does, especially when they give HOLX a meaningful profit number. Now go sell your litter plasma toy and stop bothering us with your 5th grade analysis of “my toy is better than your toy”. Btw, weren’t you supposed to have 30% market share by now? Um... yeah, not happening. *cough* single digits.

 

Single digits? Only an idiot would write that. Weren’t novasure sales down 16% last earnings call? Expect worse today.

Loser denial.

 

You're right on single digit 8% share.

 

Lol someone tell the Mathematicion from Minerva that the Novasure YOY decline is not a clean indicator of Minerva market share.

Minerva is in the high single-digits if we’re being generous. We are fighting for share in a declining category.

The decline in sales is really due to the GYN leadership team continuously embarrassing themselves with every personnel and tactical decision they make. It’s hilarious over here.

So if you guys can’t beat us now, believe me when I tell you that you never will.