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Molecular diagnostics company awarded triple damages, fees in patent infringement case

Published in Medical Letter on the CDC and FDA, January 29th, 2006

Third Wave Technologies Inc. (TWTI) announced that the federal judge overseeing the company's successful patent infringement suit against Stratagene Corp. has tripled the damages awarded to Third Wave to $15.9 million and ruled that Stratagene must pay Third Wave's attorney fees, in an amount to be determined by the court.

A federal jury in early September found that Stratagene infringed two key Third Wave patents covering its proprietary molecular methods. The jury also has found Stratagene liable for willful patent infringement and awarded Third Wave $5.3 million in damages. Third Wave had sought the additional damages, given the willful infringement verdict.

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