Thursday, March 01, 2007

Third Wave answers Digene patent infringement complaint

In response to a patent suit by Digene against Third Wave, Third Wave has responded, including counterclaims against Digene alleging that it has abused its monopoly power to thwart competition in the human papilloma virus, or HPV, diagnostic marketplace.

A press release included the text:

"Digene filed its patent infringement suit knowing that Third Wave's
Invader(R) chemistry is superior to Digene's and does not infringe its
patent, as our response asserts," said Kevin T. Conroy, president and chief
executive of Third Wave. "While Third Wave prefers competing in the
marketplace, we have made a careful decision to file this counterclaim to
end the anti-competitive conduct of Digene detailed in our response. We
expect to prevail at trial."

Third Wave has retained the law firm of Kirkland & Ellis to represent
it in this lawsuit. The firm, which has years of experience in intellectual
property and anti-trust litigation, has successfully represented Third Wave
in the past. A scheduling conference will be held on March 15, when an
early 2008 trial date is expected to be set.


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