Digene Corp. v. Third Wave Technologies, Inc.

OPINION AND ORDER

BARBARA B. CRABB, District Judge.

In response to plaintiff Digene Corporation’s complaint suing defendant Third Wave Technologies, Inc. for infringement of one of plaintiffs patents, defendant filed an answer and nine counterclaims, in four of which it alleged that plaintiff had violated various provisions of the Sherman Act and the Robinson-Patman Act. (Of the remaining five, four related to plaintiffs infringement charges, which have been dismissed, and one alleged that this is an exceptional case under 35 U.S.C. § 285, for which attorney fees should be awarded to defendant.…