Court Throws Out Gen-Probe’s HPV License Suit

Law360, New York (July 23, 2007, 12:00 AM EDT) -- A California state court has tossed a lawsuit against diagnostic test maker Digene Corp. by competitor Gen-Probe Inc. over a cross-licensing agreement for human papillomavirus detection products.

Gen-Probe asserted in a suit that its HPV cross-licensing agreement with F. Hoffman-La Roche Ltd. was valid after Digene claimed the deal violated an earlier patent agreement in a New York arbitration proceeding.

But the Superior Court for the County of San Diego dismissed Gen-Probe’s case without leave to amend, citing that there was “no actual controversy between Digene...
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