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Basel, Switzerland, April 19, 2004
MJ Research, Inc. Found to Willfully Induce Customers to Infringe
Key Roche PCR Patents
Roche today announced that a Connecticut jury found MJ Research,
Inc. (MJ) and its principals, Michael and John Finney, guilty of
willfully inducing customers to infringe key Roche patents covering
Polymerase Chain Reaction (PCR) technology (U.S. patent Nos.: 4,683,195;
4,683,202; and 4,965,188). The jury awarded damages in the amount
of $13.9 million for this infringement. Because the infringement
was found to be willful, the Court has the potential to increase
the damages award.
Roche joined Applied Biosystems (NYSE:ABI), an Applera Corporation
business, in filing suit against MJ in 1998 to protect its intellectual
property relating to PCR, one of the most profound and important
developments in the field of biotechnology. In fact, the lead inventor
of the Roche patents in suit, Dr. Kary Mullis, was awarded the Nobel
Prize for developing PCR technology, which has been hailed as one
of the 100 greatest inventions of mankind.
"We are very pleased with today's verdict," said Heino
von Prondzynski, head of Roche Diagnostics and member of the Roche
Executive Committee. "Roche has committed significant time
and resources to develop and commercialize PCR technology. Proper
licensing is paramount if we are to continue our investments in
advancing this extraordinary technology."
The jury also found MJ and its principals guilty of infringing
Applied Biosystems patents relating to thermal cycler instrument
technology (U.S. patent Nos.: 5,333,675; 5,475,610; and 5,656,493).
Damages in the amount of $5.9 million were awarded by the jury for
this infringement.
The second phase of this trial, in which antitrust issues will
be heard, is currently scheduled to begin in July 2004. Roche is
encouraged by today's verdict and is confident it, in partnership
with Applied Biosystems, will prevail against MJ's baseless antitrust,
patent misuse and state law counterclaims.
PCR is a nucleic acid amplification technology that allows minute
amounts of genetic material to be amplified into billions of copies
in just a few hours. It has enabled many significant advances in
the Human Genome project, DNA fingerprinting, and in the diagnosis
and monitoring of diseases such as AIDS and hepatitis.
Since first acquiring the rights to PCR technology in 1991, Roche
has become a global leader in the development and marketing of PCR-based
technologies. Roche's passionate pursuit of PCR innovation and automation
has created a new standard that will continue to evolve as a major
force in improving healthcare.
Roche 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 Roche Diagnostics
Headquartered in Basel, Switzerland, Roche is one of the world's
leading innovation-driven healthcare groups. Its core businesses
are pharmaceuticals and diagnostics. Roche is number one in the
global diagnostics market, the leading supplier of pharmaceuticals
for cancer and a leader in virology and transplantation. As a supplier
of products and services for the 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 employs roughly
65,000 people in 150 countries. The Group has alliances and research
and development agreements with numerous partners, including majority
ownership interests in Genentech and Chugai. Roche's Diagnostics
Division, the world leader in in-vitro diagnostics with a uniquely
broad product portfolio, 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
and www.roche-diagnostics.com.
For more information please contact:
Paula L. Evangelista
Roche Molecular Systems, Inc.
+1 925 730 8374
paula.evangelista@roche.com |
Marion Mischler
Divisional Communications
+41 61 688 2109
marion.mischler@roche.com |
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