Applied Biosystems Obtains a Permanent Injunction Against MJ Research in the U.S.
Bio-Rad and MJ Research Permanently Enjoined From Making or Selling Infringing MJ Research Thermal Cyclers in the U.S.
FOSTER CITY, CA – September 1, 2005 – Applied Biosystems (NYSE:ABI), an Applera Corporation business, today announced that the U.S. District Court for the District of Connecticut in New Haven, CT, has issued a permanent injunction against Bio-Rad Laboratories, Inc. (AMEX: BIO), MJ Research, Inc., an affiliate of Bio-Rad. The permanent injunction immediately prohibits Bio-Rad and MJ Research from making or selling infringing thermal cycler products in the U.S. capable of performing PCR (polymerase chain reaction) methods, including real-time PCR methods.
The injunction further prohibits Bio-Rad and MJ Research from servicing, repairing, advertising, instructing, or otherwise promoting the use of the infringing thermal cyclers for use with PCR. The injunction also requires that the defendants provide written notice of the injunction to their employees and all other persons involved in any way with making, using, selling, offering for sale, advertising or promoting the infringing thermal cyclers.
In entering the injunction, the Court enforced an earlier jury verdict following trial that the defendants infringe claims of U.S. Patent Nos. 5,333,675; 5,656,493; and 5,475,610, and that those patent claims are valid and enforceable.
“The PCR instrument patents issued to Applera in the U.S. reflect our continuing investment in innovation in this area,” said Paul D. Grossman, Ph.D., Esq., Vice President, Strategic Planning, Business Development and Intellectual Property at Applied Biosystems. “We are pleased that the U.S. District Court has recognized the value of this important intellectual property.”
In April 2005, based on the jury’s April 2004 finding that MJ Research had willfully infringed patents relating to PCR owned by Applera and Roche Molecular Systems (Roche), the Court increased damages awarded to Applied Biosystems and Roche to approximately $35 million, in addition to awarding reasonable attorneys’ fees. Roche joined Applera in filing suit against MJ Research to protect Roche’s intellectual property relating to PCR, one of the most profound and important developments in the field of biotechnology.
About PCR
PCR, an enabling technology for life science and other research, is a process in which a segment of a nucleic acid (DNA or RNA) is copied or “amplified” so that the nucleic acid can be more readily analyzed. In real-time PCR, the amplified DNA is detected during, rather than at the end of, the PCR process, a feature that facilitates greater accuracy in important applications, including gene expression quantitation and genotyping.
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 and RNA), 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 nearly $1.8 billion during fiscal 2005. The Celera Genomics Group (NYSE:CRA) is engaged principally in the discovery and development of targeted therapeutics for cancer, autoimmune and inflammatory diseases. Celera Genomics is leveraging its proteomic, bioinformatic, and genomic capabilities to identify and validate drug targets, and to discover and develop small molecule therapeutics. It is also seeking to advance therapeutic antibody and selected small molecule drug programs in collaboration with global technology and market leaders. Celera Diagnostics, a 50/50 joint venture between Applied Biosystems and Celera Genomics, is focused on discovery, development, and commercialization of 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/. All information in this press release is as of the date of the release, and Applera does not undertake any duty to update this information unless required by law.
Copyright© 2005. Applera Corporation. All rights reserved. Applied Biosystems is a registered trademark and Applera, Celera, Celera Diagnostics, and Celera Genomics are trademarks of Applera Corporation or its subsidiaries in the U.S. and/or certain other countries.
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 and RNA), 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 nearly $1.8 billion during fiscal 2005. The Celera Genomics Group (NYSE:CRA) is engaged principally in the discovery and development of targeted therapeutics for cancer, autoimmune and inflammatory diseases. Celera Genomics is leveraging its proteomic, bioinformatic, and genomic capabilities to identify and validate drug targets, and to discover and develop small molecule therapeutics. It is also seeking to advance therapeutic antibody and selected small molecule drug programs in collaboration with global technology and market leaders. Celera Diagnostics, a 50/50 joint venture between Applied Biosystems and Celera Genomics, is focused on discovery, development, and commercialization of 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/. All information in this press release is as of the date of the release, and Applera does not undertake any duty to update this information unless required by law.
Copyright© 2005. Applera Corporation. All rights reserved. Applied Biosystems is a registered trademark and Applera, Celera, Celera Diagnostics, and Celera Genomics are trademarks of Applera Corporation or its subsidiaries in the U.S. and/or certain other countries.
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