GAITHERSBURG, Md. and MADISON, Wis., Jan. 13 /PRNewswire-FirstCall/ -- Digene Corporation and Third Wave Technologies Inc. today announced that the two companies have reached an agreement under which Third Wave has dismissed without prejudice its lawsuit against Digene over patents related to human papillomavirus (HPV).
Third Wave last October filed suit against Digene seeking a court ruling, called a declaratory judgment, supporting Third Wave's right to sell its HPV products.
The agreement was made amicably without the grant of any license or freedom-to-operate under the patents-in-suit and without any effect on the patents-in-suit. The parties also agreed not to bring suit against the other for one year regarding HPV patents. The agreement does not include the grant of any license, nor does it include the payment of any monies by either company.
About Digene
Digene Corporation , based in Gaithersburg, MD, develops, manufactures and markets proprietary DNA and RNA testing systems for the screening, monitoring and diagnosis of human diseases -- with a focus on women's cancers and infectious diseases. The company's hc2 High-Risk HPV DNA Test(R) is the only test for human papillomavirus approved by the FDA, and is approved for both follow-up evaluation in women with inconclusive Pap results and for primary adjunctive screening with the Pap test in women age 30 and older. For primary adjunctive screening, it is marketed as both The Digene HPV Test and the DNAwithPap(R) Test. These brand names do not refer to the Digene product that tests for several types of the virus commonly referred to as "low-risk HPV," which are not associated with cervical cancer. For more information, visit http://www.thehpvtest.com. Digene's product portfolio also includes DNA tests for the detection of other sexually transmitted infections, including chlamydia and gonorrhea, as well as tests for blood viruses. For more information, visit the company's Web site, http://www.digene.com. Investors also may contact Charles Fleischman at (301) 944-7000.
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.
Digene CorporationCONTACT: Charles M. Fleischman of Digene Corporation, President,+1-301-944-7000, Investor Relations: Jonathan Birt of Financial Dynamics,+1-212-850-5628, Media: Pam Rasmussen of Digene Corporation,+1-301-944-7196, or Sean Leous of Financial Dynamics, +1-212-850-5755, allfor Digene; Rod Hise of Third Wave Technologies, Vice President, CorporateAffairs, +1-608-663-4010
