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ID Biomedical Sues Third Wave for Patent Infringement

NEW YORK, Sept. 15 - ID Biomedical (Nasdaq: IDBE) of Vancouver said Friday that it had filed a patent infringement suit against Third Wave Technologies of Madison, Wis., for its use of a patented nucleic acid amplification and detection technology.

The Canadian company claimed that Third Wave’s Invader assay products and technology violate elements of US Patent 5,403,711, which is exclusively licensed to ID Biomedical.

ID Biomedical is seeking a court order to prevent Third Wave from breaching the patent by selling Invader products or services and also seeks damages for past infringement.

In addition, the desired injunction would stop Invader users from conducting assays and making, using, or selling any product kit or reagent that would enable an end user to perform Invader assays, said ID Biomedical.

Spokespeople at both companies were not immediately available for comment.

ID Biomedical, which has developed its Cycling Probe Technology gene identification system using knowledge covered in the ‘711 patent, said that Third Wave has developed several thousand assay products using the allegedly infringing Invader technology.

The ‘711 patent covers technology that can be used by diagnostic companies to detect pathogens and by genomics companies to detect single-nucleotide polymorphisms.

ID Biomedical has granted nonexclusive Cycling Probe licenses to Applied Biosystems (NYSE: PEB), Mitsubishi Chemical, and Alexon-Trend, a subsidiary of Sybron International (NYSE: SYB).

The company also develops proprietary vaccine and immunotherapeutic products.

ID Biomedical was trading down 1/16, or 0.94 percent, at 6 9/16 in afternoon trading.

Third Wave provides DNA and RNA analysis technologies for use in genome research, pharmacogenomics, and clinical applications. The unit recently filed for an initial public offering on the Nasdaq.

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