Antitrust Claims Dismissed From HPV Patent Suit

Law360, New York (January 14, 2008, 12:00 AM EST) -- A federal judge dismissed Third Wave Technologies Inc.'s antitrust counterclaims on Friday in a patent lawsuit brought by Digene Corp. over a test for the cancer-causing human papilloma virus.

In her opinion, Judge Barbara B. Crabb of the U.S. District Court for the Western District of Wisconsin ruled that Digene had not monopolized or attempted to monopolize the market for HPV test kits. She then granted Digene's motion for summary judgment regarding those claims.

“Plaintiff has had a natural, but short-lived dominant position in the market...
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