Hologic has reported that the jury in the patent infringement lawsuit against SenoRx brought by Hologic, Cytyc and Hologic L.P., in the US District Court for the Northern District of California, has returned a verdict in favor of SenoRx.

The suit alleges that SenoRx’s Contura infringes claims 4 and 8 of US patents 6413204 and 6482142, respectively. The jury found that claim 4 was not infringed and that both claims were not valid. SenoRx had previously admitted infringement of claim 8.

SenoRx’s field sales organisation serves over 1,000 breast diagnostic and treatment centers in the US and Canada. With 17 products that have already received FDA 510(k) clearance across the continuum of breast care, SenoRx is developing additional minimally invasive products for diagnosis and treatment of breast cancer.

Mark Casey, senior vice president and general counsel, said: “We are obviously disappointed in the jury’s finding, however we believe the decision was based in part on an incorrect claim construction. We plan to appeal the matter to the Court of Appeals for the Federal Circuit.”