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HPV Patent Claims Are Unsustainable: Digene

Law360 (October 8, 2007, 12:00 AM EDT) -- Digene Corp. has conceded one battle in its patent war with Third Wave Technologies Inc. over a test for the cancer-causing human papilloma virus, stating that it cannot prevail on its claim after a federal judge rejected its bid to reconsider a Markman hearing order favoring its rival.

In a letter filed Wednesday in the U.S. District Court for the Western District of Wisconsin, Digene said that in light of the court's claim construction, the company now believes it cannot prevail on its claim of patent...
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