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Statement by Third Wave Technologies, Inc. (TWTI) Regarding Recent Digene Response and Court Filing in Third Wave Technologies, Inc. (TWTI)-Digene Corporation (DIGE) Patent Litigation


10/8/2007 10:26:08 AM

MADISON, Wis.--(BUSINESS WIRE)--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.

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