Statement by Third Wave Regarding Recent Digene Response and Court Filing in Third Wave-Digene Patent Litigation
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The following is a statement by Kevin T. Conroy, president and chief
executive of Third Wave Technologies Inc. (NASDAQ:TWTI), regarding the
interrogatory response recently provided to Third Wave and filed with
the U.S. District Court for the Western District of Wisconsin by Digene. In its response, Digene wrote that it "…believes
that it will not be able to sustain its claim of infringement against
Third Wave’s [HPV]
analyte specific reagent[s]....”
Digene’s conclusion, it said, was made in
light of the court’s Markman order favorable
to Third Wave, the court’s denial of Digene’s
request to reconsider that order, and Digene’s
analysis of material provided to it by Third Wave as part of discovery
for the upcoming trial. Digene said it disagrees with the court’s
Markman order and reconsideration denial, and reserves the right to
appeal them and any unfavorable ruling made as a result of them. The
most recent Digene court filing can be found at www.twt.com. "Third Wave’s
confidence in our freedom to operate in the HPV market has never
wavered. Our confidence is founded on our painstaking understanding of
the HPV patent landscape and on the unique way in which our Invader®
chemistry works. While this matter is not closed, it is telling that
after two unfavorable court rulings and a more detailed examination of
Third Wave’s chemistry and product, Qiagen,
Digene’s new parent, arrived at the same
conclusion we did: Third Wave’s product does
not infringe.
"When Digene sued Third Wave seeking to
eliminate Third Wave as a competitor, it strengthened our resolve to
provide laboratories and patients with better HPV testing options. Our
antitrust suit against Digene is scheduled for trial on February 19,
2008, in Madison, Wis. In that trial, we are asking the court to halt
Digene’s longstanding, unlawful and
anti-competitive business practices, and to compensate Third Wave for
its damages.” About Third Wave Technologies
Third Wave develops and markets molecular diagnostic reagents for a
variety of DNA and RNA analysis applications to meet the needs of our
customers. The company offers a number of products based on its Invader®
chemistry for clinical testing. Third Wave offers in vitro diagnostic
kits, and analyte specific, general purpose, and research use only
reagents for nucleic acid analysis. For more information about Third
Wave and its products, please visit the company's website at http://www.twt.com.
All statements in this news release that are not historical are
forward-looking statements within the meaning of the Securities Exchange
Act of 1934 as amended. Such forward-looking statements are subject to
factors that could cause actual results to differ materially for Third
Wave from those projected. Those factors include risks and uncertainties
relating to the company's ability to bring new products to market as
anticipated, the current regulatory environment in which the company
sells its products, the market acceptance of those products, dependence
on partners and customers, successful performance under collaborative
and commercial agreements, competition, the strength of the Third Wave
intellectual property, the intellectual property of others and other
risk factors identified in the documents Third Wave has filed, or will
file, with the Securities and Exchange Commission. Copies of the Third
Wave filings with the SEC may be obtained from the SEC Internet site at http://www.sec.gov.
Third Wave expressly disclaims any obligation or undertaking to release
publicly any updates or revisions to any forward- looking statements
contained herein to reflect any change in Third Wave's expectations with
regard thereto or any change in events, conditions, or circumstances on
which any such statements are based. Third Wave Technologies, Invader
and the Third Wave logo are trademarks of Third Wave Technologies, Inc.
