Thermo Electron Responds to Suit by Applera Corporation, MDS Inc. and Applied Biosystems/MDS Scientific Instruments for Patent Infringement

Thermo Electron Corporation announced that Applera Corporation, MDS Inc. and Applied Biosystems/MDS Scientific Instruments have filed a complaint in U.S. District Court for the District of Delaware alleging that Thermo Electron’s mass spectrometer systems infringe U.S. patent number 4,963,736 entitled “Mass Spectrometer and Method and Improved Ion Transmission.”  The Company believes that the primary focus of the lawsuit is the Company’s triple quadrupole mass spectrometers; the U.S. sales of these spectrometers represent approximately one percent of the Company’s annual revenues.

This patent has been the subject of prior litigation against a subsidiary of Waters Corp. with respect to triple quadrupole mass spectrometers.  Thermo Electron believes that its TSQ triple quadrupole product line, utilizing a significantly different design, does not infringe the patent.  The Company intends to vigorously defend its legal rights and protect the competitive market for these instruments.

Thermo Electron Corporation is the world leader in analytical instruments. Our instrument solutions enable our customers to make the world a healthier, cleaner and safer place. Thermo’s Life and Laboratory Sciences business provides analytical instruments, scientific equipment, services and software solutions for life science, drug discovery, clinical, environmental and industrial laboratories. Thermo’s Measurement and Control business is dedicated to providing analytical instruments used in a variety of manufacturing processes and in-the-field applications, including those associated with safety and homeland security. Based near Boston, Massachusetts, Thermo has revenues of more than $2 billion, and employs approximately 10,000 people in 30 countries. For more information, visit http://www.thermo.com .