SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): October 19, 2009
(Exact Name of Registrant as Specified in Charter)
(State or Other Jurisdiction of
|10210 Genetic Center Drive
San Diego, CA
(Address of Principal Executive Offices)
(Registrants telephone number, including area code)
Check the appropriate box below if the Form 8-K is intended to simultaneously satisfy the
filing obligation of the registrant under any of the following provisions (see General Instruction
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
Item 8.01. Other Events.
On October 19, 2009, Gen-Probe Incorporated (the Company) filed a complaint for patent
infringement against Becton, Dickinson and Company in the United States District Court for the
Southern District of California. The complaint alleges that Becton Dickinsons Viper XTR testing
system infringes five of the Companys U.S. patents covering automated processes for preparing,
amplifying and detecting nucleic acid targets. The Companys complaint also alleges that Becton
Dickinsons ProbeTec Female Endocervical and Male Urethral Specimen Collection Kits for Amplified
Chlamydia trachomatis/Neisseria gonorrhoeae (CT/GC) DNA Assays used with the Viper XTR testing
system infringe two of the Companys U.S. patents covering penetrable caps for specimen collection
tubes. Finally, the complaint alleges that Becton Dickinson has infringed the Companys U.S.
patent on methods and kits for destroying the ability of a nucleic acid to be amplified. The
complaint seeks monetary damages and injunctive relief.
In connection with the lawsuit, the Company has entered into an agreement with the law firm of
Latham & Watkins LLP concerning attorneys fees for the litigation. The agreement provides for
various cost-containment measures for the litigation. The agreement also provides that the law
firm will receive certain contingent payments in connection with successful resolution of the
litigation. The Company expects to incur additional costs related to the litigation, which are not
covered by the agreement with Latham & Watkins.
There can be no assurances as to the final outcome of the litigation.