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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.
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Title Annotation:Executive Briefing: News, Trends & Market Intelligence for Instrument Executives
Publication:Instrument Business Outlook
Geographic Code:1USA
Date:Apr 15, 2005
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