Third wave files patent suits against Digene, Chiron and Bayer.

Third Wave Technologies, Inc. (Madison, WI) has filed two patent suits in federal court in Madison, Wis. The company last Friday filed suit against Digene Corp., seeking a court ruling supporting Third Wave's right to sell its human papilloma virus (HPV) products. Third Wave also filed suit against Chiron Corporation, Bayer Corporation, and Bayer HealthCare LLC asking for a similar ruling about its right to sell its hepatitis C virus products. Chiron is the owner of several patents relating to HCV; Bayer is its licensee for clinical diagnostics.

"Third Wave wants to clear any remaining ambiguities about the company's freedom to operate in valuable markets like those for HCV and HPV," said John Puisis, president and chief executive officer of Third Wave. "Third Wave's Invader chemistry is both unique and well-protected by distinct intellectual property rights. We compete in the marketplace by delivering innovative, high-quality products based on that chemistry to our customers. We have been diligent, taking great care and making significant investments to achieve our freedom to market HCV and HPV products. We work hard to ensure that we respect the intellectual property rights of others. The value of the Invader chemistry and our pipeline is substantial and we see these actions as a logical progression to protect and expand our market presence."

Third Wave's Invader chemistry is used to analyze nucleic acids, the foundation of genetic material and infectious agents. The Invader chemistry and the methods of using it are protected by a suite of 45 issued patents; more than 100 additional Third Wave patents are pending.

Third Wave Technologies 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 technology 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 technology for genetic testing related to multiple disease areas.

Third Wave Technologies, Inc.

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