Third Wave Sues Digene, Chiron, and Bayer over HCV and HPV Diagnostics

NEW YORK, Oct. 11 (GenomeWeb News) - Third Wave Technologies said today that it has filed two patent suits in federal court in Madison, Wis., related to its diagnostic tests for human paplilloma virus and hepatitis C virus.

On Friday, the company said, it filed suit against Digene, seeking a court ruling supporting its right to sell its HPV diagnostics.

Today, Third Wave also filed suit against Chiron, Bayer Corp., and Bayer HealthCare LLC requesting a similar ruling about its right to sell its HCV products. Chiron owns "several patents" relating to HCV and Bayer is its licensee for clinical diagnostics, Third Wave said.

"Third Wave wants to clear any remaining ambiguities about the company's freedom to operate in valuable markets like those for HCV and HPV," said John Puisis, president and CEO of Third Wave, in a statement. "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."

The suits are the latest in a rash of litigation for the company.

On Sept. 29, Innogenetics of Gent, Belgium, said that it had filed suit against Third Wave and Abbott Laboratories for infringing US Patent No. 5,846,704, which covers a process for typing HCV isolates.

On that same day, Third Wave claimed victory in another suit after a US district barred Stratagene from selling its FullVelocity products, which the court said infringe two patents for Third Wave's Invader chemistry.