Applied Biosystems Announces Developments in Two Separate Legal Proceedings
— U.S. District Court Awards Increased Damages to Applied Biosystems and Roche Molecular Systems in MJ Research Patent Infringement Litigation
— Applied Biosystems Receives Decision From Japanese Patent Office Regarding Real-Time PCR Thermal Cycler Technology
Applied Biosystems (NYSE:ABI), an Applera Corporation business, today announced developments in two separate legal proceedings.
The U.S. District Court in New Haven, CT has issued an additional ruling in Applera’s and Roche Molecular Systems’ patent infringement litigation against MJ Research, a division of Bio-Rad Laboratories, Inc. (AMEX: BIO). The Court, based on the jury’s April 2004 finding that MJ Research had willfully infringed patents relating to polymerase chain reaction (PCR) owned by Applied Biosystems and Roche Molecular Systems (Roche), increased damages awarded to Applied Biosystems and Roche to approximately $35 million, in addition to awarding reasonable attorneys’ fees. The Court also has dismissed all of MJ Research’s antitrust counterclaims against Applied Biosystems and Roche. Applied Biosystems Group has filed for an injunction against further infringement by MJ Research, including an injunction against sales of MJ Research thermal cycler products.
“The Court’s ruling complements the earlier jury verdict, and further validates the strength of our intellectual property portfolio and our contributions to the development of PCR technology,” said Catherine M. Burzik, President of Applied Biosystems. “We will continue to license our technology under suitable circumstances and defend our intellectual property.”
As previously announced, the jury awarded damages in the amount of $19.8 million to Applied Biosystems and Roche. MJ Research filed for bankruptcy court protection on March 29, 2004, and was acquired by Bio-Rad Laboratories in August 2004.
Applera and Roche originally filed this patent infringement case in the U.S. District Court in Connecticut in June 1998. MJ Research counterclaimed that Applera Corporation licensed and enforced these patents through anticompetitive conduct, in violation of federal and state antitrust laws. The Court rejected MJ Research’s counterclaims, and found that Applera did not violate any federal or state antitrust laws.
In a separate legal proceeding, Applied Biosystems today announced that the Japanese Patent Office has held invalid Applera’s Japanese Patent No. 3136129 covering real-time PCR thermal cycler technology. Applera intends to appeal the decision.
“We are disappointed that the Japanese Patent Office has ruled that an unpublished paper by a German professor that was brought to light after the patent filing constitutes prior art. As in Europe, where the European Patent Office reached a similar judgment last December, we vigorously disagree with this ruling,” said Catherine M. Burzik, President of Applied Biosystems. “Importantly, our issued U.S. patent covering real-time PCR thermal cycler technology remains in place and, due to differences between U.S. and foreign patent law, we are confident that the alleged prior art should not jeopardize the validity of the U.S. patent.”
PCR, a technology for amplifying nucleic acids (DNA or RNA), is an enabling technology for biological research. First-generation PCR is a process in which a segment of a nucleic acid is copied or “amplified” multiple times by alternate heating and cooling so that the nucleic acid can be more readily analyzed. Real-time PCR instruments permit the collection of data during the amplification protocol, thereby facilitating gene expression quantitation and other important applications in biological research and standardized testing.
About Applera Corporation and Applied Biosystems
Applera Corporation consists of two operating groups. The Applied Biosystems Group serves the life science industry and research community by developing and marketing instrument-based systems, consumables, software, and services. Customers use these tools to analyze nucleic acids (DNA and RNA), small molecules, and proteins to make scientific discoveries, develop new pharmaceuticals, and conduct standardized testing. Applied Biosystems is headquartered in Foster City, CA, and reported sales of $1.7 billion during fiscal 2004. The Celera Genomics Group (NYSE:CRA) is engaged principally in the discovery and development of targeted therapeutics for cancer, autoimmune and inflammatory diseases. Celera Genomics is leveraging its proteomic, bioinformatic, and genomic capabilities to identify and validate drug targets, and to discover and develop small molecule therapeutics. It is also seeking to advance therapeutic antibody and selected small molecule drug programs in collaboration with global technology and market leaders. Celera Diagnostics, a 50/50 joint venture between Applied Biosystems and Celera Genomics, is focused on discovery, development, and commercialization of diagnostic products. Information about Applera Corporation, including reports and other information filed by the company with the Securities and Exchange Commission, is available at http://www.applera.com , or by telephoning 800-762-6923. Information about Applied Biosystems is available at http://www.appliedbiosystems.com/ .
Copyright(C) 2005. Applera Corporation. All rights reserved. Applied Biosystems is a registered trademark and Applera, Celera, Celera Diagnostics, and Celera Genomics are trademarks of Applera Corporation or its subsidiaries in the U.S. and/or certain other countries.
