Third Wave: Court Denies Digene Request, Reaffirms Markman Order in Third Wave-Digene Case

Third Wave Technologies Inc. (NASDAQ: TWTI) today announced that the U.S. District Court for the Western District of Wisconsin has issued an order denying Digene Corp.’s motion for reconsideration of the court’s July 2007 Markman opinion and order. In doing so, the court reaffirmed its July Markman order, in which it agreed with all of Third Wave’s definitions for the disputed patent claim terms in the case. The court’s opinion and order issued today, and its Markman opinion and order dated July 24, 2007, can be found at www.twt.com. "We are very pleased with the court’s reaffirmation of its Markman order,” said Kevin T. Conroy, president and chief executive of Third Wave. "We believe that the court’s Markman ruling reinforces the narrowness of the patent claims being asserted and that Third Wave does not infringe. We look forward to proceeding on the merits at trial in February 2008 on Third Wave’s anti-trust claims against Digene.” The court also reset the deadline for filing summary judgment motions to Oct. 19, 2007. The company said it stands ready to file its motion. 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.