The patent battles continue for Third Wave Technologies, as the Madison-based genetic technology company won another round in an old lawsuit and also faced a new lawsuit.
Third Wave announced Thursday that it has been granted a permanent injunction by federal court in Madison that prohibits Stratagene Corp. from making, selling or offering to sell its FullVelocity products and any other products that practice Third Wave's patented Invader method.
The permanent injunction also prohibits Stratagene from inducing or contributing to other infringing activities, and requires that Stratagene notify its customers and collaborators that its FullVelocity products infringe on Third Wave patents.
A federal jury earlier this month found Stratagene guilty of willfully infringing two key Third Wave patents and awarded Third Wave $5.3 million in damages. Third Wave is seeking additional damages, given the willful infringement verdict, with a decision expected before the end of the year.
Stratagene filed a separate lawsuit in May against Third Wave in federal court in Delaware, saying the company infringed on its patents. That case still is active.
Also on Thursday, Belgian biotechnology firm Innogenetics said it had filed suits in federal court here against Third Wave and Abbott Laboratories for allegedly infringing its patents used in screening patients for hepatitis C.
"Third Wave is well versed in the HCV patent landscape and has taken great care to understand and respect all the major patents in the field, including those held by Innogenetics," said Kevin Conroy, Third Wave vice president and general counsel, in a statement. "Innogenetics' suit lacks a basic understanding of the uniqueness of Third Wave's Invader chemistry and how it is configured in our HCV analyte-specific reagents. It appears that Innogenetics filed suit against Third Wave without first understanding how our product is designed."
Is Third Wave setting the stage for a filing for Rule 11 sanctions?