Gen-Probe announces that the company, along with its co-respondents F. Hoffmann-La Roche Ltd and Roche Molecular Systems Inc, has prevailed in its arbitration with Digene (now Qiagen) concerning its supply and purchase agreement with Roche for human papillomavirus (HPV) products.

Earlier today, a three-member arbitration panel from the International Centre for Dispute Resolution issued an interim award that dismisses with prejudice all of Qiagen’s claims. Gen-Probe expects the award to remain substantially unchanged, although it is subject to further proceedings related to its implementation. For example, requests by Roche and Gen-Probe for reimbursement of legal expenses will be submitted and decided in coming weeks.

"We are pleased that the arbitration panel confirmed the validity of our agreement with Roche," said Bill Bowen, Gen-Probe’s senior vice president and general counsel. "We continue to expect our APTIMA HPV assay, which is available in Europe and is in clinical trials in the United States, to make an important contribution to women’s health, and to be a key menu addition for our fully automated, high-throughput TIGRIS system."

Roche and Gen-Probe established their supply and purchase agreement in February of 2005. Digene initiated the arbitration against Roche in December 2006. Gen-Probe joined the proceedings in July of 2007. The arbitration hearings commenced in October of 2008, and closing arguments were heard in January of 2009.

Source: Gen-Probe Inc