Third Wave, Qiagen Ready Appeals Over HPV Tests

Law360, New York (February 28, 2008, 12:00 AM EST) -- Third Wave Technologies Inc. has agreed to drop a claim for attorneys' fees in a patent infringement dispute initiated by Qiagen NV unit Digene Corp. over a test for the cancer-causing human papilloma virus, in order to appeal the dismissal of its antitrust counterclaims.

U.S. District Judge Barbara B. Crabb of the U.S. District Court for the Western District of Wisconsin agreed to dismiss Third Wave's counterclaim without prejudice. Third Wave will be allowed to reassert the claim if it prevails on appeal.

Judge Crabb also...
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