AP reported: Digene makes DNA and RNA test that screen women for infectious diseases and cancers. Its test to detect HPV, or human papillomavirus, is the only one of its kind to be approved by the Food and Drug Administration.
In defense of Third Wave, AP noted:
Separately, Madison, Wis.-based Third Wave said the lawsuit relates to a single HPV type, 52, the prevalence of which is 0.5 percent of HPV-positive specimens in the U.S.
"Third Wave's confidence in its ability to operate in the HPV market remains strong and unchanged," said Kevin T. Conroy, president and chief executive of Third Wave. "We took great care to create a detection method free from the limited scope of the '715 patent's claims. 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."