Roche retains existing distribution rights to KRAS and EGFR assays, while Qiagen will market products under its own label.
Qiagen and Roche Molecular Systems have managed to settle a dispute about distribution rights to DxS’ TheraScreen companion diagnostics before the claims filed by the two companies against each other actually came to court. DxS, which develops and markets the TheraScreen diagnostics, was acquired by Qiagen in a roughly $95 million cash deal back in September 2009.
Under the terms of the settlement, Roche has maintained its existing distribution rights to DxS’ TheraScreen KRAS and TheraScreen EGFR assays. It also retains rights to distribute future versions of these products under certain conditions. Additionally, the firm has been granted an option to extend the term of the distribution agreement for the TheraScreen EGFR assay, beyond 2011 when it currently ends.
Qiagen, in return, retains rights to distribute the KRAS and EGFR assays under its own label. It also has exclusive distribution rights to all other assays including future assays developed and manufactured by its DxS subsidiary.