Healthcare Industry News:  Applera Corporation 

Diagnostics Litigation

 News Release - February 13, 2006

Roche Molecular Diagnostics and Applied Biosystems Settle Litigation With Bio-Rad Laboratories

PCR-Related Litigation Resolved to Satisfaction of All Parties

PLEASANTON, Calif., Feb. 13 (HSMN NewsFeed) -- Roche Molecular Diagnostics and Applied Biosystems (NYSE: ABI ), an Applera Corporation business, today announced that they have entered into a settlement agreement resolving their lawsuit against MJ Research (acquired by Bio-Rad Laboratories, Inc. (Amex: BIO ) in 2004), pending in the U.S. District Court for the District of Connecticut. Under the terms of the settlement, Bio-Rad will pay Roche Diagnostics and Applera to settle the outstanding claims. The District Court rejected all challenges to the enforceability of Roche's PCR patents and the licensing program.

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

About the Litigation

Roche Molecular Diagnostics and Applera Corporation originally filed this patent infringement suit in June 1998 against MJ Research relating to certain apparatus and PCR technology, one of the most profound and important developments in the field of biotechnology. A jury decided in favor of Roche and Applera in April 2004. Finally, in April 2005, the 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.

About PCR

Roche Diagnostics has developed and encouraged the utility of PCR technology in a wide variety of areas through its global licensing programs. These programs, combined with a broad spectrum of scientific collaborations, postdoctoral fellowships, donations of reagents and visiting scientist programs, have successfully led to the development of new research products and medical advances by readily placing PCR technology in the hands of innovative scientists worldwide.

About Roche and the Roche Diagnostics Division

Headquartered in Basel, Switzerland, Roche is one of the world's leading research-focused healthcare groups in the fields of pharmaceuticals and diagnostics. As a supplier of innovative products and services for the early detection, prevention, diagnosis and treatment of disease, the Group contributes on a broad range of fronts to improving people's health and quality of life. Roche is a world leader in diagnostics, the leading supplier of medicines for cancer and transplantation and a market leader in virology. In 2005 sales by the Pharmaceuticals Division totaled 27.3 billion Swiss francs, while the Diagnostics Division posted sales of 8.2 billion Swiss francs. Roche employs roughly 68,000 people in 150 countries and has R&D agreements and strategic alliances with numerous partners, including majority ownership interests in Genentech and Chugai. Roche's Diagnostics Division offers a uniquely broad product portfolio and supplies a wide array of innovative testing products and services to researchers, physicians, patients, hospitals and laboratories world-wide. For further information, please visit our websites www.roche.com, www.roche-diagnostics.com and www.roche-applied-science.com.


Source: Roche Molecular Diagnostics

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