Printer Friendly

Applied Biosystems wins increased US award but loses Japanese patent.

Foster City, CA 4/4/05 -- Applied Biosystems announced that the US District Court in New Haven, Connecticut increased the damages awarded in Applied Biosystems and Roche Molecular Systems' 1998 patent infringement case against MJ Research (see IBO 4/30/04). The Court ordered the damage award increased from $19.8 million to $35.4 million and dismissed MJ Research's antitrust counterclaims. However, in a separate legal proceeding, the Japanese Patent Office has declared invalid Applera's Japanese Patent No. 3136129 covering real-time PCR thermal cycler technology. "Importantly, our issued U.S. patent covering real-time PCR thermal cycler technology remains in place and, due to differences between US and foreign patent law, we are confident that the alleged prior art should not jeopardize the validity of the US patent," said Catherine M. Burzik, president of Applied Biosystems. Applera plans to appeal the decision.

The damages are comprised of $31.9 million against MJ Research and $1.8 million each against Michael Finney, MJ Research's chief scientific officer and co-founder, arm John Finney, president of M] Research. Applied Biosystems has also filed a motion for permanent injunction against further sales of MJ Research's infringing products in the US. Bio-Rad acquired MJ Research last year (see IBO 6/15/04) and set aside a $50 million litigation accrual for litigation. As for the Japanese patent, last year Germany revoked the same patent (see IBO 6/30/04), allowing MJ Research and other vendors to sell their real-time PCR products in the country.
COPYRIGHT 2005 Strategic Directions International Inc. (SDI)
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2005 Gale, Cengage Learning. All rights reserved.

Article Details
Printer friendly Cite/link Email Feedback
Title Annotation:Executive Briefing: News, Trends & Market Intelligence for Instrument Executives
Publication:Instrument Business Outlook
Geographic Code:1USA
Date:Apr 15, 2005
Words:249
Previous Article:Leading instrument companies: five top $1 billion.
Next Article:VWR acquires Puerto Rican and Irish distributors.
Topics:


Related Articles
Verdict in waters' case against Applied Biosystems. (Executive briefing: news, trends & market intelligence for instrument executives).
Effects of one-time charges on operating profit margins.
Court rules for Applied Biosystems in sequencing patent case.
Jury returns $19.8 million verdict against MJ Research in PCR case.
Real-time PCR companies eye clinical goldmine.
Applied Biosystems' PCR patent revoked in Europe.
Patent litigation increases for selected techniques.
US Patent Office grants Thermo request for reexamination.
Fluidigm seeks judgment in response to Applied Biosystems letter.
Corbett files claim against Applied Biosystems.

Terms of use | Privacy policy | Copyright © 2021 Farlex, Inc. | Feedback | For webmasters