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Qiagen, Roche Settle Companion Dx Lawsuit

By a GenomeWeb staff reporter

NEW YORK (GenomeWeb News) – Qiagen said after the close of the market Wednesday that it has signed an agreement with Roche ending litigation between the firms over distribution rights for a set of companion diagnostic products.

Roche had field suit in February against Qiagen subsidiary DxS, alleging that it was trying to terminate a distribution deal signed in 2008 for reasons that Roche believed were invalid. The distribution deal had covered DxS' TheraScreen K-RAS Mutation Test and the TheraScreen EGFR 29 Mutation Test.

Under the terms of the settlement announced today, Roche has maintained its rights to distribute the two assays under the DxS TheraScreen label and, under certain conditions, to distribute future versions of the tests.

In return, Qiagen obtained rights to distribute the assays under the Qiagen label and also obtained exclusive distribution rights for all other assays, including future assays, developed, and manufactured at DxS. Qiagen said that it would use the Qiagen TheraScreen label for the assays that it distributes.

In addition, Roche was granted an option to extend the term of the distribution pact for one of the assays, the TheraScreen EGFR, beyond the term of this agreement, which ends in 2011.

As a result of the settlement agreement, the firms withdrew their claims filed against each other, which were pending in the US District Court for the Southern District of New York.

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