Court Dismisses Promega’s Case Against Applied Biosystems And Roche
Applied Biosystems, an Applera Corporation business, today announced that the U.S. District Court in Alexandria, VA has dismissed on multiple grounds a case filed by the Promega Corporation against Applied Biosystems and Hoffman-La Roche Inc (Roche). The Court ruled that Promega had failed to state a valid claim against Applied Biosystems and Roche. Additionally, the Court rejected Promega’s statements that Applied Biosystems and Roche had made false claims to the U.S. government in connection with their sales of Taq DNA polymerase, which is used to perform the polymerase chain reaction (PCR) technology.
“We are pleased with the court’s ruling,” said Catherine M. Burzik, President of Applied Biosystems. “Today’s ruling upholds our position that there were no valid claims to Promega’s case.”
This is the Court’s final decision in this case, but is subject to an appeal by Promega. Promega’s case, filed under the federal False Claims Act, was first dismissed in June 2004, when the Court determined that Promega had failed to state a complaint upon which relief could be granted. Promega originally filed this case on April 10, 2000.
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/ .
