Digene Loses Belated Bid For Ban On Rival HPV Tests

Law360, New York (May 10, 2007, 12:00 AM EDT) -- A judge has ruled that genetic test maker Digene Corp. has suffered no irreparable harm by a rival’s sales of its patented products, denying the company’s request for a ban.

In dismissing Digene’s motion for a preliminary injunction against Ventana Medical Systems Inc., U.S. Magistrate Judge Mary Pat Thynge found the Gaithersburg, Md.-based company had enjoyed “continued, substantial growth,” and had waited too long to seek injunctive relief.

In an order issued Wednesday, Thynge said Digene’s five-year delay in filing its motion to stop Ventana from...
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