Applied Biosystems Receives Adverse Jury Verdict Relating to Discontinued OperationsFOSTER CITY, Calif., Oct 4, 2002 (BUSINESS WIRE) -- Applied Biosystems Group
(NYSE:ABI), an Applera Corporation business, announced today that a jury had
issued a verdict in patent litigation between TA Instruments, Inc., a subsidiary
of Waters Corporation, and The Perkin-Elmer Corporation relating to thermal
analysis products. Applied Biosystems is involved as the successor to The
Perkin-Elmer Corporation, having sold the thermal instruments product line as
part of the sale of its analytical instruments division to EG&G, Inc. (now named
PerkinElmer, Inc.) in 1999. Applied Biosystems retained liability with respect
to the litigation, which has gone through several stages since being commenced
in 1995. The jury in the first trial rendered a verdict for Perkin-Elmer, which
was subsequently overturned by the judge in the case. The present case involved
damage assessment from that decision and an infringement claim by Perkin-Elmer
against TA Instruments.
The jury in the present action awarded TA Instruments $13.3 million based on
lost sales, price erosion, and reasonable royalties. This award is subject to
entry of a final order by the judge in the coming weeks, where interest and
additional damages may be added. Applera intends to appeal the ultimate
judgment, and Applied Biosystems currently anticipates taking a charge as part
of discontinued operations for the fiscal quarter ended September 30, 2002.
This litigation is not related to the previously announced patent litigation
against Micromass U.K. Ltd. and its U.S. subsidiary, Micromass, Inc., both
divisions of Waters Corporation, wherein Applied Biosystems and MDS Inc. were
awarded damages in the amount of $52.6 million, including pre-judgment interest,
based on infringement of a patent covering technology for triple quadrupole mass
spectrometers.
About Applera Corporation and Applied Biosystems
Applera Corporation comprises two operating groups. The Applied Biosystems Group
develops and markets instrument-based systems, reagents, software and contract
services to the life science industry and research community. Customers use
these tools to analyze nucleic acids (DNA and RNA), small molecules, and
proteins to make scientific discoveries, leading to the development of new
pharmaceuticals and to conduct standardized testing. Applied Biosystems is
headquartered in Foster City, Calif., and reported sales of $1.6 billion during
fiscal 2002. The Celera Genomics Group (NYSE:CRA), located in Rockville, Md.,
and South San Francisco, Calif., is engaged principally in integrating advanced
technologies to discover and develop new therapeutics. Celera intends to
leverage its proteomics, bioinformatics, and genomics capabilities to identify
and validate drug targets and diagnostic marker candidates, and to discover and
develop novel therapeutic candidates. Its Celera Discovery System(TM) online
platform, marketed exclusively through the Applied Biosystems Knowledge
Business, is an integrated source of information based on the human genome and
other biological and medical sources. Celera Diagnostics, a 50/50 joint venture
between Applied Biosystems and Celera Genomics, is focused on discovery,
development and commercialization of novel diagnostics tests. Information about
Applera Corporation, including reports and other information filed by the
company with the Securities and Exchange Commission, is available on the World
Wide Web at http://www.applera.com/, or by telephoning 800/762-6923. Information
about Applied Biosystems is available on the World Wide Web at
http://www.appliedbiosystems.com.
Note to Editors: Applied Biosystems is a registered trademark and Applera,
Celera, Celera Diagnostics, Celera Discovery System and Celera Genomics are
trademark of Applera Corporation or its subsidiaries in the U.S. and certain
other countries.
CONTACT: Applied Biosystems Group
Lori Murray, 650/638-6130 (Media)
murrayla@appliedbiosystems.com
Peter Dworkin, 650/554-2479 (Investors)
dworkipg@applera.com
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