Applied Biosystems, Roche Molecular Systems, Bio-Rad Laboratories, and MJ Research Reach Settlement Agreement Regarding Core and Real-Time Thermal Cyclers.FOSTER CITY, Calif. & HERCULES, Calif. -- Applied Biosystems Applied Biosystems, Inc. (formerly NASDAQ: ABIO) is the original name of a pioneer biotechnology company founded in 1981 in Foster City, California, among the Silicon Valley cities of the southern San Francisco Bay Area. (NYSE NYSE See: New York Stock Exchange :ABI Abi (ā`bī) [short for Abijah], in the Bible, King Hezekiah's mother. (Application Binary Interface) A specification for a specific hardware platform combined with the operating system. ), an Applera Corporation business, and Bio-Rad Laboratories, Inc. (AMEX AMEX See: American Stock Exchange :BIO)(AMEX:BIOb) today announced that they have entered into a settlement agreement resolving the patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. lawsuit originally filed by Applera and Roche Molecular Systems against MJ Research (acquired by Bio-Rad in 2004). The lawsuit was pending in the U.S. District Court for the District of Connecticut. The settlement also resolves patent infringement claims brought by Applera against Bio-Rad and MJ Research for infringement of Applera's Real-Time thermal cycler The Thermal cycler (also known as a thermocycler, PCR machine or DNA amplifier) is a laboratory apparatus used for PCR. The device has a thermal block with holes where tubes with the PCR reaction mixtures can be inserted. instrument patent, filed in November 2004 in the U.S. District Court for the District of Connecticut. Stratagene is now the sole remaining defendant in that lawsuit. Financial terms of the settlement were not disclosed. In connection with the above settlements, Bio-Rad's 1998 thermal cycler supplier license relating to relating to relate prep → concernant relating to relate prep → bezüglich +gen, mit Bezug auf +acc Applera's core thermal cycler patents and Roche's PCR PCR polymerase chain reaction. PCR abbr. polymerase chain reaction Polymerase chain reaction (PCR) patents has been amended to include the MJ Research thermal cyclers that were subject to the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. with Applera and Roche. In addition, Bio-Rad has entered into a license agreement with Applera relating to Bio-Rad's Real-Time thermal cycler instrument business in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. and Canada, and a limited license in Europe and Japan. The settlement also resolves litigation brought by Bio-Rad against Applera for patent and trademark infringement Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). in the U.S. District Court for the Northern District of California in 2002, and counterclaims by Applera against Bio-Rad. As part of the settlement, Applera has entered into a license agreement with Bio-Rad relating to Applera's capillary electrophoresis business. "We are pleased to have settled these longstanding litigations with Bio-Rad and MJ Research," said Paul D. Grossman, Ph.D., Esq., Vice President, Strategic Planning, Business Development and Intellectual Property at Applied Biosystems. "Numerous other companies have licensed our patents relating to PCR technology, and we're looking forward to continuing our relationship with Bio-Rad as a licensee of our PCR patent portfolio." "We are pleased that we have this matter behind us and are looking forward to focusing on supporting our customers," said Bio-Rad Vice President Brad Crutchfield. Applera Corporation and Roche Molecular Systems originally filed this patent infringement suit in June 1998 against MJ Research relating to certain apparatus and PCR method patents owned by Applera and Roche. A jury decided in favor of Applera and Roche in April 2004. In September 2005, the Court issued an injunction prohibiting Bio-Rad, as the successor of MJ Research, from manufacturing, selling or servicing the former MJ thermal cycler products in the U.S. This settlement allows Bio-Rad to resume manufacturing, selling and servicing these products. About PCR PCR, an enabling technology for life science and other research, is a process in which a segment of a nucleic acid nucleic acid, any of a group of organic substances found in the chromosomes of living cells and viruses that play a central role in the storage and replication of hereditary information and in the expression of this information through protein synthesis. (DNA DNA: see nucleic acid. DNA or deoxyribonucleic acid One of two types of nucleic acid (the other is RNA); a complex organic compound found in all living cells and many viruses. It is the chemical substance of genes. or RNA RNA: see nucleic acid. RNA in full ribonucleic acid One of the two main types of nucleic acid (the other being DNA), which functions in cellular protein synthesis in all living cells and replaces DNA as the carrier of genetic ) is copied or "amplified" so that the nucleic acid can be more readily analyzed. In real-time PCR, the amplified DNA is detected during, rather than at the end of, the PCR process, a feature that facilitates greater accuracy in important applications, including gene expression quantitation and genotyping. 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 Nucleic acids The cellular molecules DNA and RNA that act as coded instructions for the production of proteins and are copied for transmission of inherited traits. (DNA and RNA), small molecules, and proteins to make scientific discoveries and develop new pharmaceuticals. Applied Biosystems' products also serve the needs of some markets outside of life science research, which we refer to as "applied markets," such as the fields of: human identity testing (forensic and paternity testing paternity testing see parentage testing. ); biosecurity, which refers to products needed in response to the threat of biological terrorism and other malicious, accidental, and natural biological dangers; and quality and safety testing, for example in food and the environment. Applied Biosystems is headquartered in Foster City, CA, and reported sales of nearly $1.8 billion during fiscal 2005. The Celera Genomics Group is focused on discovery, development, and commercialization of diagnostic products as well as leveraging its proteomic, bioinformatic, and genomic capabilities to identify and validate drug targets, and is also seeking to advance therapeutic antibody and selected small molecule drug programs in collaboration with global technology and market leaders. 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. About Bio-Rad Bio-Rad Laboratories, Inc. (www.bio-rad.com) is a multinational manufacturer and distributor of life science research products and clinical diagnostics. It is based in Hercules, California, and serves more than 70,000 research and industry customers worldwide through a network of more than 30 wholly owned subsidiary Wholly Owned Subsidiary A subsidiary whose parent company owns 100% of its common stock. Notes: In other words, the parent company owns the company outright and there are no minority owners. offices. Applied Biosystems Forward Looking Statements Certain statements in this press release are forward-looking. These may be identified by the use of forward-looking words or phrases such as "should," "expect," and "planned," among others. These forward-looking statements are based on Applera Corporation's current expectations. The Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and of 1995 provides a "safe harbor Safe Harbor 1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated. 2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive. " for such forward-looking statements. In order to comply with the terms of the safe harbor, Applera Corporation notes that a variety of factors could cause actual results and experience to differ materially from the anticipated results or other expectations expressed in such forward-looking statements. These factors include but are not limited to (1) risks that licensing arrangements entered into in connection with the settlement agreement may not result in any future incremental revenue to the Applied Biosystems business; (2) risks associated with lawsuits, arbitrations, investigations, and other legal actions with private parties and governmental entities, particularly involving claims for infringement of patents and other intellectual property rights, and the possibility that Applied Biosystems may need to license intellectual property from third parties to avoid or settle such claims; (3) other factors that might be described from time to time in Applera Corporation's filings with the Securities and Exchange Commission. All information in this press release is as of the date of the release, and Applera does not undertake any duty to update this information, including any forward-looking statements, unless required by law. Various statements made within this press release may constitute forward-looking statements for purposes of the Securities and Exchange Commission's safe harbor provisions under the Private Securities Litigation Reform Act of 1995 and Rule 3b-6 under the Securities Exchange Act of 1934. The forward-looking statements contained herein involve risks and uncertainties that could cause results to differ materially from the Company's expectations. Bio-Rad Laboratories Forward Looking Statements Various statements made within this press release may constitute "forward-looking statements" for purposes of the Securities and Exchange Commission's "safe harbor" provisions under the Private Securities Litigation Reform Act of 1995 and Rule 3b-6 under the Securities Exchange Act of 1934. The forward-looking statements contained herein involve risks and uncertainties that could cause results to differ materially from the Company's expectations. For Research Use Only. Not for use in diagnostic procedures. (C)Copyright 2006. Applera Corporation. All rights reserved. Applied Biosystems and Celera are registered trademarks and Applera and Celera Genomics are trademarks of Applera Corporation or its subsidiaries in the U.S. and/or certain other countries. |
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