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Third Wave, Innogenetics Settle Patent Suit

NEW YORK, Feb. 9 (GenomeWeb News) - Third Wave and Innogenetics have settled a patent-infringement suite Innogenetics filed against Third Wave last September, the companies said today.


Under the agreement, Third Wave will get a non-exclusive license to sell Innogenetics hepatitis C genotyping products and the option to extend the license to the entire HCV patent estate.


"We are particularly happy to have concluded this licensing agreement. The amicable resolution of this issue will help both companies realize their ambitious near- and mid-term goals," said Innogenetics CEO Frank Morich.


Financial details were not disclosed.


As GenomeWeb News reported, Innogenetics sued Third Wave Technologies and Abbott Laboratories for allegedly infringing its HCV genotyping patents. The disposition of the Abbott suit was not immediately clear.


In the suits, filed with the US District Court for the Western District of Wisconsin, Gent, Belgium-based Innogenetics claimed 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 Europe.

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