Stratagene Posts $21-Million Bond To Secure Damages Awarded To Third Wave Technologies, Inc.

MADISON, Wis., Jan. 27 /PRNewswire-FirstCall/ -- Third Wave Technologies Inc. today announced that Stratagene Corp. has posted a $21-million bond with the U.S. District Court for the Western District of Wisconsin in Third Wave’s name that secures the damages and attorneys’ fees awarded to Third Wave in its successful patent infringement suit against Stratagene.

“The $21-million bond is posted with the federal court in Third Wave’s name and ensures that Third Wave will be able to recover the award for Stratagene’s willful infringement of our patents, pending successful resolution of the appeal,” said Kevin T. Conroy, president and chief executive of Third Wave. “Stratagene’s bond is backed by the Travelers Casualty and Surety Co. and represents a commitment that we believe is outside the reach of Stratagene’s creditors. We expect the appeal process to take fewer than 18 months and believe we have a strong position on appeal.”

A federal jury last fall found that that Stratagene infringed two key Third Wave patents covering its proprietary molecular methods. The jury also has found Stratagene liable for willful patent infringement. The federal judge overseeing the suit tripled the damages awarded to Third Wave to $15.9 million and ruled that Stratagene must pay Third Wave’s attorney fees, in an amount to be determined by the court, as a result of the willful infringement. The judge in late September also entered a permanent injunction that prohibits Stratagene Corp. from making, selling or offering to sell its FullVelocity QPCR and QRT-PCR products and any other products that practice Third Wave’s patented Invader(R) methods.

About Third Wave Technologies

Third Wave is a leader in the development and marketing of molecular diagnostics for a variety of DNA and RNA analysis applications, providing physicians and researchers with superior molecular solutions. Third Wave’s Invader(R) chemistry provides the company’s customers with exceptional performance, scalability and ease of use. The company offers a number of clinical products based on its Invader(R) chemistry for genetic testing related to multiple disease areas. 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 technological approaches of Third Wave and its competitors, product development, manufacturing, market acceptance, cost and pricing of Third Wave products, dependence on collaborative partners and commercial 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.

Third Wave Technologies Inc.

CONTACT: Rod Hise of Third Wave Technologies, +1-608-663-4010

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