PCR-Related Litigation Is Resolved

A settlement agreement has been announced by Roche Molecular Diagnostics (Pleasanton, CA, USA) and Applied Biosystems (Foster City, CA, USA) that resolves their lawsuit against MJ Research, acquired in 2004 by Bio-Rad Laboratories, Inc. (Hercules, CA, USA).

Under the terms of the agreement, Bio-Rad will pay Roche Diagnostics and Applera Corp., the parent of Applied Biosystems, to settle the outstanding claims. A district court rejected all challenges to the enforceability of Roche's polymerase chain reaction (PCR) patents and licensing program.

"We are very pleased with this settlement,” said Heiner Dreismann, Ph.D., CEO of Roche Molecular Systems, Inc. "Bio-Rad is an important licensee of our PCR technology and we look forward to continuing our relationship with them.”

Roche Molecular Diagnostics and Applera Corp. originally filed this patent infringement suit in June 1998 against MJ Research, relating to certain apparatus and PCR technology. A jury decided in favor of Roche and Applera in April 2004. Finally, in April 2005, a court granted Roche and Applied Biosystems' motion to enhance damages and award attorney fees. Because MJ Research's patent infringement was found to be willful, the court doubled the damages originally awarded by the jury to Roche and Applied Biosystems.

The settlement also resolves litigation brought by Bio-Rad against Applera for patent and trademark infringement in 2002, and counter claims 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.



Related Links:
Roche Molecular Diagnostics
Applied Biosystems
Bio-Rad Laboratories