A Medical Device Daily Staff Report

American Medical Systems Holdings (AMS; Minneapolis) said it is pleased with a recent U.S. Court of Appeals for the Federal Circuit's ruling that reversed a summary judgment and finding for Biolitec (East Longmeadow, Massachusetts). The Court of Appeals found that a trial judge erred in his interpretation when he ruled last year that Biolitec didn't infringe the patent.

AMS sued Biolitec in 2007 for violating a patent (the Davenport patent) which claims methods and devices for laser vaporization of prostate and other tissues. The District Court originally granted a summary judgment of noninfringement to defendant Biolitec, stating that the accused device does not perform "photoselective vaporization of tissue." AMS appealed the order, and because of yesterday's ruling, the matter will now be sent back to the District Court for further proceedings.

"The Davenport patent is a reflection of AMS' commitment to innovation in the field of laser therapy," said Tony Bihl, president/CEO for AMS. "We are pleased with the Court of Appeals' decision and look forward to further proceedings in the trial court to determine infringement on our Davenport patent."

American Medical Systems is a supplier of medical devices and procedures to cure incontinence, erectile dysfunction, benign prostate hyperplasia, pelvic floor repair and other pelvic disorders in men and women.

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