By Shailesh Kuber

Diagnostic device maker Hologic Inc said a U.S. district judge found that medical technology company Becton Dickinson & Co infringed on four patents owned by Hologic's unit Gen-Probe.

The case will now go to a jury trial on Dec. 4 to determine whether the infringement was willful and to decide on monetary damages to Gen-Probe and other issues.

However, Judge Roger Benitez in the Southern District of California also held that Becton did not infringe two of the patents mentioned in Gen-Probe's lawsuit filed in October 2009.

Three of the infringed patents relate to assays on Becton Dickinson's BD VIPER and BD MAX systems, while the fourth one concerns BD's specimen collection products, Hologic said.

Gen-Probe was acquired by Hologic this year.

Hologic shares were flat at $21.21 on Thursday on the Nasdaq. Becton Dickinson shares were also largely unchanged at $78.78 on the New York Stock Exchange.

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