CONCEPTUS, INC. v. Hologic, Inc.

ORDER GRANTING PARTIAL SUMMARY JUDGMENT AND DENYING MOTIONS TO STRIKE AND LIMIT TRIAL TESTIMONY

INTRODUCTION

In this patent infringement action involving intrafallopian contraceptive devices, the parties each move for summary judgment. Plaintiff Conceptas, Inc. requests summary adjudication of the following:

For the reasons stated below, both motions are Granted in Part and Denied in Part. The motions to strike are Denied as Moot. The motions to limit trial testimony are Denied Without Prejudice. This order follows full briefing and a hearing on the motions.

STATEMENT

Plaintiff Conceptus sells a transcervically introduced permanent contraceptive product called Essure. It received FDA approval in 2002 and is Conceptus’s only marketed product at present. Unlike tubal ligation, the Essure system allegedly requires no incisions and is minimally invasive. According to Conceptus, Essure can be placed within a woman’s fallopian tubes by way of the cervix in a ten-minute, nonsurgical procedure that can be performed in a doctor’s office without general anesthesia. Essure’s contraceptive efficacy is supposedly achieved through occlusion (ie., blocking) of the fallopian tube.

Defendant…