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Cytyc v. TriPath

This article was originally published in The Gray Sheet

Executive Summary

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
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