A Medical Device Daily

Third Wave Technologies (Madison, Wisconsin) reported that the U.S. District Court for the Western District of Wisconsin earlier issued a patent claim construction order and opinion, sometimes referred to as a Markman order, in the patent litigation between Third Wave and Digene (Gaithersburg, Maryland).

In these orders, the court interprets and defines disputed claim terms within a patent at issue.

The court in Wednesday's Markman order in the Third Wave-Digene case agreed with each and every of Third Wave's definitions for the disputed patent claim terms. The Markman opinion and order can be found at http://www.twt.com/.

In that litigation, Digene alleges that Third Wave infringes its U.S. Patent No. 5,643,715 covering probes and methods for detecting human papillomavirus (HPV) type 52, a high-risk type of HPV.

Pre-trial discovery and other proceedings in the Third Wave case will continue for the remainder of 2007 and a jury trial is currently scheduled for 1Q08.

Third Wave said it anticipates filing a motion for summary judgment of non- infringement and invalidity in Sept. 2007.

Third Wave develops molecular diagnostic reagents for a variety of DNA and RNA analysis applications.

Digene develops DNA and RNA tests, with a focus on women's health.

In other patent related news, National Stem Cell Holding (Mountainside, New Jersey) together with Michael Cohen and Jacob Cohen, reported the filing of a provisional patent application for a newly discovered group of cellular derived biomaterials that appear to promote tissue repair in a variety of woundcare applications. These new biomaterials are derived from the company's stem cell and progenitor cell lines.

Preclinical studies with these newly discovered biomaterials appear to enhance the rate of tissue repair and healing and of the strength of healed wounds. The company said it believes that further research and development will clarify indications thus far that these biomaterials may be useful for a wide variety of acute and chronic wounds including but not limited to, burns, surgery-related, and diabetes-related.

Government Accounting Office (GAO) statistics show a tremendous need for woundcare treatment. Each year, according to the GAO, about five million Americans suffer from chronic wounds caused by diabetes, circulatory problems and many other conditions.

National Stem Cell Holding is a biotechnology company focused on developing therapeutics based upon the use of human cells and their derivatives.