24 Jul Wisconsin Court issues favorable patent ruling for Third Wave Technologies
Madison, Wis. – The U.S. District Court for the Western District of Wisconsin has issued ruling in favor of Third Wave Technologies in its patent dispute with Digene Corp.
The court issued a Markman order, a patent claim order and opinion, that agreed with each of Third Wave’s definitions for the disputed patent claim terms. In such orders, the court interprets and defines disputed claim terms for a patent at issue.
The dispute centers around drug products developed for the human papilloma virus (HPV) testing market. Digene has filed a patent lawsuit against Third Wave, claiming that third Wave’s Invader chemistry product violates its United States patent pertaining to HVP type 52.
HVP type 52 is one of 13 high-risk, sexually transmitted HPVs, and has been linked to cervical cancer in women.
Third Wave, which has entered clinical trials for its HPV product, has filed an anti-trust countersuit in response.
Kevin T. Conroy, president and chief executive of Third Wave, said in a release that the company believes the Markman order reinforces the narrow scope of the asserted patent claims, and it supports Third Wave’s position that it does not infringe Digene’s patent.
“Today’s Markman order also strengthens our view that Digene’s suit was brought in an attempt to impede competition in the HPV testing market,” Conroy said. “Third Wave looks forward to proceeding on the merits of the patent case.”
Third Wave said it anticipates filing a motion for summary judgment of non-infringement and invalidity in Sept. 2007.
Meanwhile, a Feb. 2008 trial date has been established on Third Wave’s anti-trust claims against Digene.
Third Wave, a Madison biotechnology company, serves the research market by developing molecular diagnostic reagents for DNA and RNA analysis.
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