Invitrogen Wins U.S. District Court Decision Against Stratagene.Invitrogen Awarded Over $16 million in Damages for Stratagene's Infringement of Competent Cell Patent CARLSBAD, Calif. -- Invitrogen Corporation, a leading life science company providing innovative technologies to support disease research, today announced a favorable decision in its 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 against Stratagene, Inc. The U.S. District Court for the Western District of Texas entered judgment awarding Invitrogen $16.2 million plus prejudgment pre·judge tr.v. pre·judged, pre·judg·ing, pre·judg·es To judge beforehand without possessing adequate evidence. pre·judg interest, as well as reasonable attorney fees to be determined by the court. The judgment included a court-ordered enhancement of the original damages awarded by the jury due to the court's determination of Stratagene's willful infringement of Invitrogen's patent. The court also entered an injunction against further infringement by Stratagene. Invitrogen sued Stratagene, Inc. and its related companies on March 12, 2001 for infringement of Invitrogen's U.S. Patent No. 4,981,797 (the '797 patent). That patent covers a process to treat E .coli cells to cause them to be more effective at absorbing foreign 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. , thereby becoming "competent." Invitrogen offers more than 30 different competent cell products, and the purchase of any of these products provides an Invitrogen customer with a limited license under the '797 patent to use them for research purposes. "We are extremely pleased with the decision by the U.S. District Court, which increased the damages originally awarded by the jury," said Alan Hammond, Chief Intellectual Property Counsel for Invitrogen. "Competent cells are a key part of our intellectual property portfolio and a valuable tool in molecular biology molecular biology, scientific study of the molecular basis of life processes, including cellular respiration, excretion, and reproduction. The term molecular biology was coined in 1938 by Warren Weaver, then director of the natural sciences program at the Rockefeller research. This is a significant award that recognizes the value of our patented technology." About Invitrogen Corporation Invitrogen Corporation (Nasdaq:IVGN) provides products and services that support academic and government research institutions and pharmaceutical and biotech companies worldwide in their efforts to improve the human condition. The company provides essential life science technologies for disease research, drug discovery, and commercial bioproduction. Invitrogen's own research and development efforts are focused on breakthrough innovation in all major areas of biological discovery including functional genomics Noun 1. functional genomics - the branch of genomics that determines the biological function of the genes and their products genomics - the branch of genetics that studies organisms in terms of their genomes (their full DNA sequences) , proteomics, bioinformatics and cell biology Cell biology The study of the activities, functions, properties, and structures of cells. Cells were discovered in the middle of the seventeenth century after the microscope was invented. -- placing Invitrogen's products in nearly every major laboratory in the world. Founded in 1987, Invitrogen is headquartered in Carlsbad, California Carlsbad is a coastal resort-town in northern San Diego County, California. According to the state Department of Finance, the city had a total population of 90,271 in 2003. , and conducts business in more than 70 countries around the world. The company globally employs approximately 4,800 professionals and had revenues of more than $1.2 billion in 2005. For more information, visit www.invitrogen.com. 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. Statement Certain statements contained in this press release are considered "forward-looking statements forward-looking statement A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections. " within the meaning of 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, and it is Invitrogen's intent that such statements be protected by the safe harbor created thereby. Forward-looking statements include, but are not limited to: 1.) Invitrogen plans to pursue all available remedies for the decision. Such forward-looking statements are subject to a number of risks, uncertainties and other factors that could cause actual results to differ materially from future results expressed or implied by such forward-looking statements. Potential risks and uncertainties include, but are not limited to, the risks: a) Invitrogen's remedies may be limited by the lower court's interpretation and subsequent ruling, as well as other risks and uncertainties detailed from time to time in Invitrogen's Securities and Exchange Commission filings. |
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