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DIGENE, THIRD WAVE TUSSLE OVER HPV PATENT

January 15, 2007

Digene filed a complaint for patent infringement against Third Wave Technologies in the U.S. District Court for the Western District of Wisconsin, Digene said in a Jan. 11 filing.

The action relates to alleged infringement by Third Wave of Digene's exclusive license rights to the '715 patent through Third Wave's making, using, offering for sale, selling and/or importing into the U.S. diagnostic products for the detection of human papillomavirus (HPV), Digene said.

Digene is seeking, among other remedies, "a preliminary and permanent injunction preventing further infringement, contributory infringement and inducement of infringement; a declaration that the '715 patent is a valid and enforceable patent infringed by Third Wave; compensatory damages; and a trebling of the compensatory damages pursuant to law."

Third Wave responded to the lawsuit Jan. 12. "We took great care to create a detection method free from the limited scope of the '715 patent's claims," Third Wave President and CEO Kevin Conroy said. "Third Wave's Invader chemistry operates differently from any other nucleic acid analysis chemistry and is well-protected by intellectual property rights of its own."