MADISON, Wis., July 24, 2007 – Third Wave Technologies Inc. (Nasdaq: TWTI) today announced that the U.S. District Court for the Western District of Wisconsin earlier today issued a patent claim construction order and opinion, sometimes referred to as a Markman order, in the patent litigation between Third Wave and Digene Corp. In these orders, the court interprets and defines disputed claim terms within a patent at issue.
The court in today’s Markman order in the Third Wave-Digene case agreed with each and every of Third Wave’s definitions for the disputed patent claim terms. The Markman opinion and order can be found at www.twt.com.
“We are pleased with the Markman order issued by the court today,” said Kevin T. Conroy, president and chief executive of Third Wave. “We believe the order reinforces the narrow scope of the asserted patent claims and Third Wave’s position that we do not infringe. Today’s Markman order also strengthens our view that Digene’s suit was brought in an attempt to impede competition in the HPV testing market. Third Wave looks forward to proceeding on the merits of the patent case. We also look forward to a February 2008 trial date on our anti-trust claims against Digene based on its anti-competitive behavior.”
The company anticipates filing a motion for summary judgment of non-infringement and invalidity in Sept. 2007.
About Third Wave Technologies
Third Wave develops and markets molecular diagnostic reagents for a variety of DNA and RNA analysis applications to meet the needs of our customers. The company offers a number of products based on its Invader® chemistry for clinical testing. Third Wave offers in vitro diagnostic kits, and analyte specific, general purpose, and research use only reagents for nucleic acid analysis. For more information about Third Wave and its products, please visit the company’s website at http://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 the company’s ability to bring new products to market as anticipated, the current regulatory environment in which the company sells its products, the market acceptance of those products, dependence on partners and 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 http://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.