Third Wave files countersuit vs. Digene in patent case

Madison, Wis. - Third Wave Technologies of Madison has filed an anti-trust countersuit in response to the recent patent lawsuit brought against it by Digene Corp.

The countersuit was filed with the U.S. District Court for the Western District of Wisconsin in Madison, where the case is being heard.

Third Wave's latest response includes counterclaims against Digene, alleging that it has “abused its monopoly power to thwart competition” in the human papilloma virus (HPV) diagnostic market.

Digene is a molecular diagnostics company based in Gaithersburg, Md. Both Digene and Third Wave make DNA and RNA tests to detect a variety of diseases.

The Digene suit centers on whether Third Wave's Invader chemistry product, which is used in clinical testing, violates a United States patent pertaining to HPV type 52. Third Wave, which has entered clinical trials for its HPV product, has said Digene filed the patent infringement suit knowing that Invader is superior to Digene's product.

The Madison biotechnology company also has denied any patent infringement, saying it was careful to create a HVP detection method that is outside the limited scope of the patent in question.

"While Third Wave prefers competing in the marketplace, we have made a careful decision to file this counterclaim to end the anti-competitive conduct of Digene detailed in our response,” said Kevin T. Conroy, president and chief executive of Third Wave. “We expect to prevail at trial."

A scheduling conference will be held on March 15, when an early 2008 trial date is expected to be set.

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