Bruker Daltonics Announces German District Court Ruling that Thermo-Finnigan's GCQ and LCQ Ion Traps Infringe Bruker Daltonics Patent.Health/Medical Writers and Business/Technology Editors BILLERICA, Mass, and BREMEN, Germany--(BW HealthWire)-- April 12, 2001 Bruker Daltonics Inc. (NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on : BDAL BDAL Battle Doll Angelic Layer (game) ) announces that the District Court Duesseldorf (Germany) today issued a written decision in Bruker Daltonics' 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. suit against Thermo-Finnigan and its affiliates relating to ion trap mass spectrometry. Bruker Daltonics had alleged infringement in Germany of its European patent EP 0 336 990 ("the `990 patent"), which expires in 2008. The `990 patent is related to multipole ion trap technology, a fundamental invention by Bruker Daltonics scientists in the late 1980s, which enables today's high-performance ion trap mass spectrometry. Thermo-Finnigan had previously sought to invalidate the `990 patent in Germany. However, in January 2001, the German Federal Patent Court in Munich upheld the validity of the `990 patent with certain additional claim limitations that are not relevant to the Duesseldorf case. In its written decision, the District Court Duesseldorf today ruled that the Finnigan GCQ GCQ Gauss-Chebyshev Quadrature (numerical method) GCQ Generic Quality of Life GCQ Generalized Cascaded Quadruplet and LCQ LCQ Longest Connected Queue LCQ Launch Crew Quarters series of ion trap mass spectrometers infringe our `990 patent in Germany. The Court also found Thermo-Finnigan liable for damages and the costs of the proceedings in an amount to be determined by the Court. Accordingly, once Bruker Daltonics posts a bond, it is fully expected that the Court will order Thermo-Finnigan and its German affiliates and distributors to cease and desist Cease and desist (also called C & D) is a legal term used primarily in the United States which essentially means "to halt" or "to end" an action ("cease") and to refrain from doing it again in the future ("desist"). from offering, distributing, using or importing any GCQ or LCQ-series ion traps in Germany. Bruker Daltonics intends to post bond next week. ABOUT BRUKER DALTONICS Bruker Daltonics is a leading developer and provider of innovative life science tools based on mass spectrometry. Its substantial investment in research and development allows it to design, manufacture and market a broad array of products intended to meet the rapidly growing needs of a diverse customer base, including pharmaceutical companies, biotechnology companies, proteomics companies, molecular diagnostics companies, academic institutions and government agencies. Bruker Daltonics has diverse technology platforms which integrate automated sample preparation and clean-up, advanced front-end AnchorChip MALDI MALDI Matrix-Assisted Laser Desorption/Ionization targets and API source technology with cutting-edge proprietary MALDI-TOF MALDI-TOF Matrix Assisted Laser Desorption Ionization - Time of Flight , ESI-TOF, ion trap and FTMS See Fusion FTMS. mass analyzers, as well as analysis and bioinformatics software. Bruker Daltonics is also a worldwide leader in supplying mass spectrometry-based systems for substance detection and pathogen identification in security and defense applications. CAUTIONARY STATEMENT All statements in this press release that are not historical are forward-looking statements within the meaning of the Securities Exchange Act of 1934, as amended, including, but not limited to, statements regarding Bruker Daltonics' "expectations," "beliefs," "hopes," "intentions," "strategies" or the like. Such forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially for Bruker Daltonics from those projected, including, but not limited to, risks and uncertainties relating to technological approaches, product development, manufacturing, market acceptance, cost and pricing of Bruker Daltonics' products, dependence on collaborative partners, suppliers, FDA FDA abbr. Food and Drug Administration FDA, n.pr See Food and Drug Administration. FDA, n.pr the abbreviation for the Food and Drug Administration. and other regulatory approvals to the extent applicable, competition, the intellectual property of others, patent protection and 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. and other risk factors discussed from time to time in Bruker Daltonics' reports or filings with the Securities and Exchange Commission. Bruker Daltonics expressly disclaims any obligation or undertaking to release publicly any updates or revisions to any forward-looking statements contained herein to reflect any change in Bruker Daltonics' expectations with regard thereto or any change in events, conditions, or circumstances on which any such statements are based. |
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