In the suits, filed with the US District Court for the Western District of Wisconsin, Innogenetics claims that both Abbott and Third Wave have been infringing its US Patent No. 5,846,704, which covers a process for typing HCV isolates. Both companies have refused to take a license to the technology, according to Innogenetics. The company said it expects a ruling within 12 months.
Third Wave and Innogenetics have been partners since at least April 2004, when the two companies signed a four-year marketing and distribution agreement, under which Innogenetics distributes a number of Third Wave's Invader molecular diagnostic products exclusively in