FOSTER CITY, Calif.--(BUSINESS WIRE)--April 19, 2004--Applied Biosystems (NYSE:ABI), an Applera Corporation business, today announced that a U.S. District Court jury in New Haven, CT has returned a favorable decision in a lawsuit brought by Applera Corporation and Roche Molecular Systems, Inc. against MJ Research, Inc and its principals, Michael and John Finney.

The jury found that MJ Research infringed U.S. patent Nos. 4,683,195, 4,683,202 and 4,965,188 (each relates to polymerase chain reaction (PCR) process technology) and U.S. patent Nos. 5,656,493, 5,333,675 and 5,475,610 (each relates to thermal cycler instrument technology). The jury found the infringement of the '195, '202, '188 and '493 patents to be willful. In addition to direct infringement by MJ Research of the '610 and '675 patents, the jury found that MJ Research induced its customers to infringe all of the patents and contributed to infringement by its customers of the '610 and '675 patents.

The jury awarded damages in the amount of $19.8 million to Applied Biosystems and Roche Molecular Systems. Applied Biosystems and Roche Molecular Systems are pursuing an enhancement of damages, including legal fees, since several infringements were found to be willful. Additionally, the companies are seeking an injunction against MJ Research. MJ Research filed for bankruptcy court protection on March 29, 2004.

Applera Corporation and Roche Molecular Systems originally filed this patent infringement case in the U.S. District Court in Connecticut in June 1998. MJ Research counterclaimed that Applera Corporation licensed and enforced these patents through anticompetitive conduct, in violation of federal and state antitrust laws. The Court elected to hold the trial in two phases: a patent phase and an antitrust phase. The Court's decision concludes the first phase of the trial. The antitrust phase is expected to begin on July 21, 2004.

"We are pleased that the jury found that MJ Research infringed these important patents relating to PCR technology," said Michael W. Hunkapiller, Ph.D., President of Applied Biosystems. "Numerous other companies have licensed this technology, and it is proper that MJ Research should also respect our intellectual property rights."

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 $1.7 billion during fiscal 2003. The Celera Genomics Group (NYSE:CRA), located in Rockville, MD, and South San Francisco, CA, is engaged principally in integrating advanced technologies to discover and develop new therapeutics. Celera intends to leverage its proteomic, bioinformatic, and genomic capabilities to identify and validate drug targets, and to discover and develop new therapeutics. Its Celera Discovery System(TM) online platform, marketed exclusively by Applied Biosystems, 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 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/.

CONTACT:
Applied Biosystems
Ana Kapor, 650-638-6227 (Media)
kapora1@appliedbiosystems.com
Linda Greub, 650-554-2349 (Investors)
greublm@appliedbiosystems.com
David Speechly, Ph.D., +44-207-868-1642
(European Media and Investors)
speechdp@eur.appliedbiosystems.com

SOURCE: Applied Biosystems