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ROCHE DIAGNOSTICS REPORTS POSITIVE RESULTS IN U.S. COURT'S RULINGS
ON SUMMARY JUDGMENT MOTIONS IN MARYLAND CASE
Says Rulings Show Key Issues in IGEN Case Are Unresolved, Sees
Litigation Continuing
MANNHEIM (August 12, 2001) - Roche Diagnostics GmbH said today
that the U.S. District Court of Maryland declined to find that Roche
had breached its contract with IGEN International (Nasdaq: IGEN)
in rulings on two of four motions for summary judgment submitted
by IGEN.
IGEN filed the motions in its long-running suit against Roche over
claims relating to the licensing to Roche Diagnostics of IGEN's
electrochemiluminescent technology.
On a further count presented by IGEN for summary judgment, the
court declined to find Roche liable on seven of the nine instances
claimed by IGEN to be breaches of contract. On the final count,
the court granted summary judgment on IGEN's claim that Roche had
settled, without IGEN's consent, a patent infringement suit brought
against both companies.
"The rulings largely supported Roche's view that the central
issues in this dispute are highly complicated and remain unresolved,"
said Heino von Prondzynski, Member of the Executive Committee of
Roche and Head of the Diagnostics Division. "As a result, these
issues will be presented in the jury trial, which is scheduled for
the October-December period."
"We remain confident of a positive outcome in this case, though
a final disposition could be a long time in coming," Mr. Prondzynski
said. "As we've stated previously, Roche Diagnostics will vigorously
protect its rights at every stage in this lengthy, complex legal
process."
He added: "In the meantime, Roche Diagnostics continues to
provide its clients with a full range of diagnostic systems. As
a world leader in medical research and technology, we are confident
that we will be able to do so regardless of the outcome of the litigation."
Headquartered in Basel, Switzerland, Roche is one of the world's
leading research-oriented healthcare groups in the fields of pharmaceuticals,
diagnostics and vitamins. Roche's products and services address
prevention, diagnosis and treatment of disease, thus enhancing the
well-being and quality of life. Roche has approximately 64,000 employees
and sells its products in over 170 countries.
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