A Medical Device Daily

Tissue Extraction Devices (TED; Indianapolis), a private company focuse developing innovative medical devices, reported that it has filed a patent infringement lawsuit against Hologic (Bedford, Massachusdtts) and wholly-owned subsidiary, Suros Surgical Systems (Indianapolis).

TED said that it believes many fundamental aspects of Hologic/Suros’ ATEC line of breast biopsy systems infringe its U.S. Patent No. 7,316,726.

The suit was filed in the U.S. District Court for the Northern District of Illinois, Eastern Division. TED said it is seeking monetary damages for past infringement and an injunction to prohibit Hologic/Suros from continuing to infringe the patent.

In addition to holding the ‘726 Patent, TED says it also owns the rights to pending patent applications and a suggested interference action filed with the U.S. Patent and Trademark Office against U.S. Patent No. 6,758,824 (assigned to Hologic/Suros). The IP portfolio provides disclosures that can be applied to a pneumatically controlled medical device, such as a breast biopsy product.

In September 2004, Schwindt filed patent application 10/936,395 to initiate an interference action with the USPTO against the ‘824 Patent, assigned to Hologic / Suros to determine the true inventor of the ‘395 application and the ‘824 Patent because without Schwindt’s contribution to the ‘824 Patent, the resulting ATEC line of biopsy devices could not function.

Since that filing with the USPTO, Tissue Extraction Devices has recently overcome the protests that were filed by Suros against every pending and issued patent application, including the ‘395 application.

TED said it is now looking forward to finalizing the examination of its numerous applications, and in the case of the ‘395 application, TED said it expects “a fair and speedy” interference procedure to determine the true inventors of the ‘395 application and the ‘824 Patent.