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Third Wave Settles HPV Suit Against Digene

NEW YORK, Jan. 13 (GenomeWeb News) - Third Wave has settled a patent-infringement suit it filed against Digene last fall related to Third Wave's human papillomavirus products, Digene said today.


The agreement was made "amicably" and "without the grant of any license or freedom-to-operate under the patents-in-suit and without any effect on the patents-in-suit," Digene said in a statement.


The companies have also agreed not to sue each other over HPV patents for one year. The firms stressed that the settlement does not include any license or payment by either company.

As GenomeWeb News reported in October, Third Wave sued Digene in hopes of obtaining a court ruling supporting its right to sell its HPV diagnostics.

"Third Wave wants to clear any remaining ambiguities about the company's freedom to operate in valuable markets like those for ... HPV," John Puisis, former president and CEO of Third Wave, said in a statement at the time. "The value of the Invader chemistry and our pipeline is substantial and we see these actions as a logical progression to protect and expand our market presence."