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Applied Biosystems Receives Adverse Jury Verdict Relating to Discontinued Operations.


Business Editors/Health & Medical Writers

FOSTER CITY, Calif.--(BUSINESS WIRE)--Oct. 4, 2002

Applied Biosystems Group (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, announced today that a jury had issued a verdict in patent 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.
 between TA Instruments, Inc., a subsidiary of Waters Corporation, and The Perkin-Elmer Corporation relating to thermal analysis products. Applied Biosystems is involved as the successor to The Perkin-Elmer Corporation, having sold the thermal instruments product line as part of the sale of its analytical instruments division to EG&G, Inc. (now named PerkinElmer, Inc.) in 1999. Applied Biosystems retained liability with respect to the litigation, which has gone through several stages since being commenced in 1995. The jury in the first trial rendered a verdict for Perkin-Elmer, which was subsequently overturned by the judge in the case. The present case involved damage assessment from that decision and an infringement claim by Perkin-Elmer against TA Instruments.

The jury in the present action awarded TA Instruments $13.3 million based on lost sales, price erosion, and reasonable royalties. This award is subject to entry of a final order by the judge in the coming weeks, where interest and additional damages may be added. Applera intends to appeal the ultimate judgment, and Applied Biosystems currently anticipates taking a charge as part of discontinued operations Discontinued operations

Divisions of a business that have been sold or written off and that no longer are maintained by the business.
 for the fiscal quarter ended September 30, 2002.

This litigation is not related to the previously announced patent litigation against Micromass U.K. Ltd. and its U.S. subsidiary, Micromass, Inc., both divisions of Waters Corporation, wherein Applied Biosystems and MDS MDS,
n See temporomandibular pain-dysfunction syndrome.

MDS 1 Maternal deprivation syndrome, see there 2 Myelodysplastic syndrome, see there
 Inc. were awarded damages in the amount of $52.6 million, including pre-judgment interest, based on infringement of a patent covering technology for triple quadrupole A quadrupole is one of a sequence of configurations of electric charge or gravitational mass that can exist in ideal form, but it is usually just part of a multipole expansion of a more complex structure reflecting various orders of complexity.  mass spectrometers.

About Applera Corporation and Applied Biosystems

Applera Corporation comprises two operating groups. The Applied Biosystems Group develops and markets instrument-based systems, reagents, software and contract services to the life science industry and research community. 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 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.
 and 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
), small molecules, and proteins to make scientific discoveries, leading to the development of new pharmaceuticals and to conduct standardized testing. Applied Biosystems is headquartered in Foster City, Calif., and reported sales of $1.6 billion during fiscal 2002. The Celera Genomics Group (NYSE:CRA See Community Reinvestment Act. ), located in Rockville, Md., and South San Francisco South San Francisco, city (1990 pop. 54,312), San Mateo co., W Calif.; inc. 1908. South San Francisco has several industrial parks; its manufactures include medical supplies and equipment, foods, paint, paper products, consumer goods, and clothing. , Calif., is engaged principally in integrating advanced technologies to discover and develop new therapeutics. Celera intends to leverage its proteomics, bioinformatics, and genomics capabilities to identify and validate drug targets and diagnostic marker candidates, and to discover and develop novel therapeutic candidates. Its Celera Discovery System(TM) online platform, marketed exclusively through the Applied Biosystems Knowledge Business, is an integrated source of information based on the human genome and other biological and medical sources. Celera Diagnostics, a 50/50 joint venture between Applied Biosystems and Celera Genomics, is focused on discovery, development and commercialization of novel diagnostics tests. Information about Applera Corporation, including reports and other information filed by the company with the Securities and Exchange Commission, is available on the World Wide Web at http://www.applera.com/, or by telephoning 800/762-6923. Information about Applied Biosystems is available on the World Wide Web at http://www.appliedbiosystems.com.

Note to Editors: Applied Biosystems is a registered trademark and Applera, Celera, Celera Diagnostics, Celera Discovery System and Celera Genomics are trademark of Applera Corporation or its subsidiaries in the U.S. and certain other countries.
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Publication:Business Wire
Date:Oct 4, 2002
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