Cytyc Cites FDA Warning Letter In Second Infringement Action Against TriPath
This article was originally published in The Gray Sheet
Executive Summary
TriPath's marketing claim that its AutoCyte PREP has results superior and not similar to conventional Pap smear testing "is particularly egregious because it attempts to mislead and confuse consumers about the efficacy and identity of the two products," competitor Cytyc, Inc. claims in a suit filed May 12 in Boston federal court.
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TriPath accuses Cytyc of unlawful business interference in an unfair competition/patent infringement lawsuit filed June 17
Patent Suit Or Smear Campaign? Automated Pap Firms Raise Legal Stakes
TriPath accuses Cytyc of unlawful business interference in an unfair competition/patent infringement lawsuit filed June 17
Cytyc v. TriPath
Delaware district court rejects TriPath's motion to file antitrust and unfair competition counterclaims as a part of the ongoing patent suit between the firms. Cytyc filed a suit May 12 in Boston federal court seeking monetary relief and injunction of TriPath's PREP, which allows for the automated preparation of slides to screen for cervical cancer, due to alleged false marketing claims and antitrust issues (1"The Gray Sheet" May 22, p. 9). The ruling notes that TriPath's counterclaims may be appropriate if filed in the Boston court. TriPath plans to pursue its claims that "Cytyc has engaged in predatory and exclusionary anti-competitive conduct," TriPath says in a July 5 release