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Stratagene to Appeal Tripled Damages in Third Wave Patent-Infringement Suit

NEW YORK, Dec. 20 (GenomeWeb News) - Calling a jury's decision "not supported by the facts of the case or the law," Stratagene today said it plans to appeal the tripling of damages awarded to Third Wave Technologies in a suit against Stratagene that claimed infringement of two patents covering Third Wave's Invader technology.


Yesterday, Third Wave said that a federal judge overseeing the patent infringement suit against Stratagene had tripled the damages awarded to $15.9 million from the $5.3 million originally awarded in September, and ruled that Stratagene must pay Third Wave's attorney fees.


In September, the United States District Court for the Western District of Wisconsin found Stratagene liable for willful patent infringement, awarded Third Wave $5.3 million in damages, and prohibited Stratagene from making, selling, or offering to sell its FullVelocity QPCR and QRT-PCR products.


Today, Stratagene said that sales of these products since their inception in early 2004 totaled $400,000, and said that it believes it has other embodiments of its FullVelocity technology that do not infringe Third Wave's patents.


In addition, Stratagene said it "believes that the jury's verdict and the damages awarded were not supported by the facts of the case or the law," and  that it intends to appeal the decision in the Court of Appeals for the Federal Circuit in Washington, DC, once a final judgment has been entered by the District Court.


In addition to appealing the verdict, Stratagene said it will seek to have the damages amount reduced or eliminated.

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