Trade News
Basel, 19 April 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.
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.