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Qiagen NV Message Board

  • wbart21 wbart21 Feb 12, 2008 1:12 PM Flag

    Qiagen v Third Wave Trial?

    Isn't the infringement action commenced by Digene against Third Wave scheduled for Trial beginning on the 19th?
    I see no reference to it on Judge Crabb's docket.Anyone?

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    • it was the anti-trust that was to go to trial soon and that was dismissed on summary judgement in january

      schatz wasn't specific but it sounds as if they are pursuing the infringement at the next level after having lost the markman ruling...i.e. they will still pursue third wave on infringement...

      that's my understanding of the current status but could be wrong...should hear more in the filings and/or at third wave's call 2/26

      • 1 Reply to incas58
      • thanks Incas,but I recall twti's anti-trust action was advanced via counterclaim to the principal infringement complaint filed by Digene.The Feb 19 trial date was set for the entire case I didn't think the two claims were bifurcated for trial purposes.I don't see the Trial referenced on Crabb's trial docket so it doesn't appear trial is imminent...yes, we should get an update via twti's CC.
        I'm rather intrigued by the fact that twti has NOT filed for SJ on the infringement claim given the Markman Ruling and subsequent interrogatory concession by Digene.
        fwiw-twti filed a 100mm Shelf this evening.

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