Date: 07-19-2006

Case Style: Applera Corporation v. Bio-Rad, MJ Research, and Stratagene Corp.

Case Number: 3:04-cv-01881-RNC

Judge: Robert N. Chatigny

Court: United States District Court for the District of Connecticut, Hartford County

Plaintiff's Attorney:

Erin L. Arcesi of O'Connell, Flaherty & Attmore-Htfd, Hartford, Connecticut

Defendant's Attorney:

Michael E. Anderson and James K. Lewis of Patton Boggs, LLP-VA, McLean, Virginia; Irving H. Perlmutter of Ullman, Perlmutter & Sklaver, New Haven, Connecitut; and Margaret M. O'Keefe of Pierce, Atwood LLP, Portland, Maine

Description:

Applied Biosystems, an Applera Corporation business, and Bio-Rad Laboratories, Inc. reported that they entered into a settlement agreement resolving the patent infringement lawsuit originally filed by Applera and Roche Molecular Systems against MJ Research (acquired by Bio-Rad in 2004).

The settlement also resolves patent infringement claims brought by Applera against Bio-Rad and MJ Research for infringement of Applera's Real-Time thermal cycler instrument patent.

In connection with the above settlements, Bio-Rad's 1998 thermal cycler supplier license relating to Applera's core thermal cycler patents and Roche's PCR patents has been amended to include the MJ Research thermal cyclers that were subject to the litigation with Applera and Roche. In addition, Bio-Rad has entered into a license agreement with Applera relating to Bio-Rad's Real-Time thermal cycler instrument business in the United States and Canada, and a limited license in Europe and Japan.

The settlement also resolves litigation brought by Bio-Rad against Applera for patent and trademark infringement in the U.S. District Court for the Northern District of California in 2002, and counterclaims by Applera against Bio-Rad. As part of the settlement, Applera has entered into a license agreement with Bio-Rad relating to Applera's capillary electrophoresis business.

Applera Corporation and Roche Molecular Systems originally filed this patent infringement suit in June 1998 against MJ Research relating to certain apparatus and PCR method patents owned by Applera and Roche. A jury decided in favor of Applera and Roche in April 2004. In September 2005, the Court issued an injunction prohibiting Bio-Rad, as the successor of MJ Research, from manufacturing, selling or servicing the former MJ thermal cycler products in the U.S.

Outcome: Financial terms of the settlement were not disclosed.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: This settlement allows Bio-Rad to resume manufacturing, selling and servicing these products.