15 Sep Third Wave files patent infringement suit against Stratagene
MADISON, Wis. — Third Wave Technologies, a Madison-based provider of genetic diagnostic tools, announced Wednesday afternoon that it has sued the California-based Stratagene Corp. to defend a patent.
Third Wave claims that it has patented the technology used in Stratagene’s probe-based quantitative PCR and real-time PCR reagents, which are used to test for sickle-cell anemia, a blood disease.
“Third Wave has very well-defined intellectual property rights that are
being infringed by Stratagene’s products,” John Puisis, chief executive of Third Wave, said in a statement.
Stratagene could not be immediately reached for comment on Wednesday.
Third Wave uses the technology in its Invader line of products, which form a platform for research and clinical use of gene testing.
The suit was filed in the U.S. District Court in Madison, the same court in which Third Wave sued Eragen Biosciences in 2002 in another patent dispute. In that case, the companies settled out of court. Eragen, without admitting infringement, stopped selling the product in question, which was used to create an individual treatment plan based on a patient’s genes.
Update: Stratagene responds
Stratagene released a statement on Thursday disputing Third Wave’s claim and promising to defend its product.
“We are surprised that Third Wave would file this lawsuit before discussing with us the differences in the two companies’ technologies,” Joseph Sorge, the company’s chief executive, said in the statement. “Stratagene’s patents in this area are very clear. Stratagene does not include overlapping DNA molecules in its kits. In contrast, Stratagene’s FullVelocity technology benefits from the sensitivity advantages of PCR amplification, something not found in Third Wave’s Invader methods. We believe that the filing of this action by Third Wave indicates that Third Wave views Stratagene’s new technology as a serious competitive threat.”