A Medical Device Daily

Sutura (Fountain Valley, California), a developer of minimally invasive vascular suturing devices, reported that following a hearing in the U.S. District Court for the District of Nevada on June 8, the court entered a ruling granting Sutura's motion for summary judgment seeking dismissal of all claims asserted against it by Millenium Holding Group (Henderson, Nevada).

"Sutura management maintains that the claims made by Millenium were without merit, and were so from the onset of this dispute," said David Teckman, president/CEO of Sutura.

Sutura has developed a line of minimally invasive vascular suturing devices to suture the puncture created in arteries during open surgery and catheter-based procedures. The company's line of SuperStitch medical devices provide sutured closure of the arteriotomy site using the existing catheter sheath introducer or cannula during fluoroscopically guided procedures and directly through the open arteriotomy during open surgical procedures, Sutura said.

In other legalities, Digene (Gaithersburg, Maryland) reported that on July 13, the panel hearing the arbitration proceeding between it and Roche Molecular Systems (Pleasanton, California) granted the petition by Gen-Probe (San Diego) 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 sub-license under a 1990 cross-license agreement, the rights under which are held by Digene and Roche.

"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," Daryl Faulkner, president/CEO of Digene, said.

On Dec. 4, 2006, Digene filed a demand for arbitration against F. Hoffmann-LaRoche (Basel, Switzerland) and Roche Molecular Systems, claiming that Roche materially breached a 1990 cross-license agreement between Institut Pasteur (Roche's predecessor) and Life Technologies (Digene's predecessor) by granting a prohibited sublicense to Gen-Probe. Digene has alleged that 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 International Centre for Dispute Resolution (New York) of the American Arbitration Association .

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