Third Wave Files Antitrust Claim Over HPV Test

Law360, New York (March 1, 2007, 12:00 AM EST) -- Third Wave Technologies Inc. on Thursday answered Digene Corp.’s patent lawsuit with an antitrust complaint, claiming that its rival has abused its monopoly power over a test for cancer-causing human papilloma virus.

Digene, which makes the only U.S. Food and Drug Administration-approved test that detects human papilloma virus 52 (HPV), used the patent lawsuit to try to thwart competition from breaking into the market, Third Way alleged.

“Digene filed its patent infringement suit knowing that Third Wave’s Invader chemistry is superior to Digene’s and does not...
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