Gen-Probe Authorized To Join Digene-Roche Arbitration Proceeding
July 16 2007 - 7:00PM
PR Newswire (US)
GAITHERSBURG, Md., July 16 /PRNewswire-FirstCall/ -- Digene Corp.
(NASDAQ:DIGE) today announced that on July 13, the panel hearing
the arbitration proceeding between Digene and Roche granted
Gen-Probe, Inc.'s petition to participate as a party. In the
proceeding, Digene is seeking a determination that a February 2005
supply and license agreement between Roche and Gen-Probe was an
illegal sublicense under a 1990 cross-license agreement, the rights
under which are held by Digene and Roche. Daryl Faulkner, president
and chief executive officer of Digene, commented: "The arbitration
panel's decision does not change our assertions or approach in the
arbitration. We believe in the merits of our position and look
forward to continuing the arbitration with both Roche and
Gen-Probe." Background: On Dec. 4, 2006, Digene filed a demand for
arbitration against F. Hoffmann-LaRoche Ltd. and Roche Molecular
Systems, Inc., claiming that Roche materially breached a 1990
cross-license agreement between Institut Pasteur (Roche's
predecessor) and Life Technologies, Inc. (Digene's predecessor) by
granting a prohibited sublicense to Gen-Probe, Inc. Under the guise
of a supply and purchase agreement, Roche transferred HPV products
to Gen-Probe. Digene's demand for arbitration was filed with the
American Arbitration Association's International Centre for Dispute
Resolution in New York. Refer to Digene's filings with the
Securities and Exchange Commission for more information about this
pending arbitration proceeding. About Digene: A leader in molecular
diagnostics, Digene develops, manufactures and markets proprietary
DNA and RNA tests, with a focus on women's health. The company's
flagship product, the Digene(R) HPV Test, is the only FDA-approved
and CE-marked test for the detection of human papillomavirus, the
cause of essentially all cervical cancers. Digene's product
portfolio also includes tests for the detection of other sexually
transmitted infections, including chlamydia and gonorrhea. Digene
tests are marketed in more than 40 countries worldwide.
Headquartered in Gaithersburg, MD, Digene is traded on NASDAQ under
the symbol DIGE. For more information, visit http://www.digene.com/
and http://www.thehpvtest.com/ . Digene(R), Hybrid Capture(R), hc2
High-Risk HPV DNA Test(R) and DNAwithPap(R) are registered
trademarks of Digene Corporation. This press release contains
forward-looking statements within the meaning of the Private
Securities Litigation Reform Act of 1995. These forward-looking
statements are not guarantees of the future as there are a number
of meaningful factors that could cause the Company's actual results
to vary materially from those indicated by such forward-looking
statements. Meaningful factors, which could cause actual results to
differ from expectations include, but are not limited to, risk that
other companies may develop and market HPV tests competitive with
our own; our ability to scale up our manufacturing to the extent
demand for our products increases; ability to develop new products;
ability to execute and integrate strategic transactions;
uncertainty related to changes in our senior management; and
uncertainty of market acceptance of our products by the worldwide
medical community, as well as other factors discussed in the
Company's Securities and Exchange Commission filings. For other
factors, reference is made to the Company's annual and quarterly
reports filed with the Securities and Exchange Commission.
DATASOURCE: Digene Corp. CONTACT: Investors, Albert Fleury,
+1-301-944-7000, or Media, Pam Rasmussen, +1-301-944-7196, both of
Digene Web site: http://www.digene.com/ http://www.thehpvtest.com/
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