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 Dickinson's Viper™ XTR™ testing system infringes five of the Company's U.S. patents covering automated processes for preparing, amplifying and detecting nucleic acid targets. The Company's complaint also alleges that Becton Dickinson's 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 Company's U.S. patents covering penetrable caps for specimen collection tubes. Finally, the complaint alleges that Becton Dickinson has infringed the Company's 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.

---