For Immediate Release
MADISON, Wis., Sept. 1, 2005—Third Wave Technologies Inc. (Nasdaq: TWTI) today announced that a federal jury has found Stratagene Corp. guilty of infringing patents that protect Third Wave’s nucleic acid chemistry.
Third Wave in September 2004 filed suit against Stratagene in U.S. District Court alleging the infringement, seeking a permanent injunction preventing the sale of Stratagene’s reagents marketed as “FullVelocity” products and monetary damages.
“The positive outcome of this trial for Third Wave and our shareholders solidifies and upholds the uniqueness of the Invader chemistry and strengthens the company’s valuable intellectual property portfolio,” said John Puisis, president and chief executive officer of Third Wave. “Many know that basic polymerase chain reaction, or PCR, the patents of which have expired, plus our Invader technology is more powerful than TaqMan and very valuable as a platform for nucleic acid testing. We own a powerful and valuable technology and will continue to vigorously protect it.”
The Invader® chemistry and the methods of using it are protected by a suite of more than 45 issued patents; more than 100 additional Third Wave patents are pending.
About Third Wave Technologies
Third Wave Technologies is a leader in the development and marketing of molecular diagnostics for a variety of DNA and RNA analysis applications, providing physicians and researchers with superior molecular solutions. Third Wave’s Invader® technology provides the company’s customers with exceptional performance, scalability and ease of use. The company offers a number of clinical products based on its Invader® technology for genetic testing related to multiple disease areas. For more information about Third Wave and its products, please visit the company’s website at www.twt.com.
All statements in this news release that are not historical are forward-looking statements within the meaning of the Securities Exchange Act of 1934 as amended. Such forward-looking statements are subject to factors that could cause actual results to differ materially for Third Wave from those projected. Those factors include risks and uncertainties relating to technological approaches of Third Wave and its competitors, product development, manufacturing, market acceptance, cost and pricing of Third Wave products, dependence on collaborative partners and commercial customers, successful performance under collaborative and commercial agreements, competition, the strength of the Third Wave intellectual property, the intellectual property of others and other risk factors identified in the documents Third Wave has filed, or will file, with the Securities and Exchange Commission. Copies of the Third Wave filings with the SEC may be obtained from the SEC Internet site at www.sec.gov. Third Wave expressly disclaims any obligation or undertaking to release publicly any updates or revisions to any forward-looking statements contained herein to reflect any change in Third Wave’s expectations with regard thereto or any change in events, conditions, or circumstances on which any such statements are based. Third Wave Technologies, Invader and the Third Wave logo are trademarks of Third Wave Technologies, Inc.