Applied Biosystems and Roche Molecular Systems Win Patent Infringement Litigation Against MJ Research.Business Editors/Health/Medical Writers BIOWIRE2K FOSTER CITY, Calif.--(BUSINESS WIRE)--April 19, 2004 Applied Biosystems (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, today announced that a U.S. District Court jury in New Haven, CT has returned a favorable decision in a lawsuit brought by Applera Corporation and Roche Molecular Systems, Inc. against MJ Research, Inc and its principals, Michael and John Finney. The jury found that MJ Research infringed U.S. patent Nos. 4,683,195, 4,683,202 and 4,965,188 (each relates to polymerase chain reaction polymerase chain reaction (pŏl`ĭmərās') (PCR), laboratory process in which a particular DNA segment from a mixture of DNA chains is rapidly replicated, producing a large, readily analyzed sample of a piece of DNA; the process is (PCR PCR polymerase chain reaction. PCR abbr. polymerase chain reaction Polymerase chain reaction (PCR) ) process technology) and U.S. patent Nos. 5,656,493, 5,333,675 and 5,475,610 (each relates to thermal cycler instrument technology). The jury found the infringement of the '195, '202, '188 and '493 patents to be willful. In addition to direct infringement by MJ Research of the '610 and '675 patents, the jury found that MJ Research induced its customers to infringe all of the patents and contributed to infringement by its customers of the '610 and '675 patents. The jury awarded damages in the amount of $19.8 million to Applied Biosystems and Roche Molecular Systems. Applied Biosystems and Roche Molecular Systems are pursuing an enhancement of damages, including legal fees, since several infringements were found to be willful. Additionally, the companies are seeking an injunction against MJ Research. MJ Research filed for bankruptcy court bankruptcy court n. the specialized Federal court in which bankruptcy matters under the Federal Bankruptcy Act are conducted. There are several bankruptcy courts in each state, and each one's territory covers several counties. protection on March 29, 2004. Applera Corporation and Roche Molecular Systems originally filed this 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. 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 an·ti·com·pet·i·tive adj. That discourages competition among businesses: anticompetitive foreign trade restrictions. conduct, in violation of federal and state antitrust laws. The Court elected to hold the trial in two phases: a patent phase and an antitrust phase. The Court's decision concludes the first phase of the trial. The antitrust phase is expected to begin on July 21, 2004. "We are pleased that the jury found that MJ Research infringed these important patents relating to PCR technology," said Michael W. Hunkapiller, Ph.D., President of Applied Biosystems. "Numerous other companies have licensed this technology, and it is proper that MJ Research should also respect our intellectual property rights." 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 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, develop new pharmaceuticals, and conduct standardized testing. Applied Biosystems is headquartered in Foster City, CA, and reported sales of $1.7 billion during fiscal 2003. 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. , CA, is engaged principally in integrating advanced technologies to discover and develop new therapeutics. Celera intends to leverage its proteomic, bioinformatic, and genomic capabilities to identify and validate drug targets, and to discover and develop new therapeutics. Its Celera Discovery System(TM) online platform, marketed exclusively by Applied Biosystems, 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 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/. |
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