Europe’s Unified Patent Court (UPC) has ordered Siemens Healthineers to recall its Mammomat B.brilliant breast tomosynthesis system from Germany, France, and the Netherlands following a patent infringement ruling in favor of Hologic.
The Düsseldorf Local Division of the UPC found on 10 June that the Mammomat B.brilliant infringes a Hologic patent that covers a method and system for controlling x-ray focal spot characteristics in breast tomosynthesis. The patent protects technology that moves the static focal spot within the x-ray tube in the opposite direction of tube movement during an exposure, a feature Siemens Healthineers marketed under the name "Flying Focal Spot," according to the ruling.
In addition to the recall, the court ordered Siemens Healthineers to destroy unsold units in the three countries and provide Hologic with full sales and distribution records dating to 15 August 2018. The court also permitted Hologic to publish the decision on its website for three months and in five industry journals of its choice. Siemens Healthineers has two months to comply or appeal the decision.
