Court dismisses Gen-Probe court action against Digene

NewsGuard 100/100 Score

Digene Corp. has announced that a California state court has dismissed a complaint filed against the company by Gen-Probe, Inc., without option to amend. Gen-Probe's complaint asked the court to declare that an agreement between Gen-Probe and F. Hoffman-LaRoche Ltd. and Roche Molecular Systems, Inc. for the supply and purchase of certain HPV-related materials was permissible under the terms of a pre-existing cross-license patent agreement between Roche and Digene.

Ruling in favor of Digene's request for dismissal, the Superior Court for the County of San Diego stated that there is "no actual controversy between Digene and Gen-Probe." By prohibiting any further amendment of the complaint, the court has terminated the litigation brought by Gen-Probe against Digene, with no option to re-file.

Daryl Faulkner, president and chief executive officer of Digene, commented: "We are very pleased with this result, and with the termination of this litigation. The court's dismissal of this petition with no option to amend and re-file clearly recognizes the merits of our position. Digene is the worldwide leader of products for the detection of human papillomavirus, the cause of cervical cancer, and this is due in large part to our strong portfolio of intellectual property, as well as to our innovation in science and excellence in marketing execution."

Comments

The opinions expressed here are the views of the writer and do not necessarily reflect the views and opinions of News Medical.
Post a new comment
Post

While we only use edited and approved content for Azthena answers, it may on occasions provide incorrect responses. Please confirm any data provided with the related suppliers or authors. We do not provide medical advice, if you search for medical information you must always consult a medical professional before acting on any information provided.

Your questions, but not your email details will be shared with OpenAI and retained for 30 days in accordance with their privacy principles.

Please do not ask questions that use sensitive or confidential information.

Read the full Terms & Conditions.