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PE BIOSYSTEMS SERVES AFFYMETRIX IN PATENT LAW
SUIT
FOSTER CITY, CA, October 16, 2000PE Biosystems (NYSE:
PEB), a PE Corporation business now conducting business under the
Applied Biosystems name, announced today that it has served Affymetrix
with the complaint for patent infringement that Applied Biosystems
had originally filed with the U.S. District Court in Delaware on
July 5, 2000. The Applied Biosystems complaint asserts that Affymetrix
is infringing several patents related to certain fundamental methods
and related technology for making oligonucleotides.
"The company makes an effort to grant licenses that foster the
adoption of technology while preserving the value of intellectual
property to the shareholders," said Joseph H. Smith, Vice President
of Intellectual Property at Applied Biosystems. "The company seeks
fair value for its licenses and considers reasonable alternatives
in accommodating parties seeking to use its technology. In the present
case, we attempted to provide Affymetrix with the rights required,
but concluded that they did not reciprocate our efforts toward a
reasonable resolution. While litigation is not our preferred way
of resolving matters such as this, we are confident that our action
against Affymetrix will ultimately be successful."
The suit relates to U.S. Patents No. 4,458,066; 4,500,707; 5,132,418;
5,153,319; and 4,973,679, to which Applied Biosystems has certain
exclusive rights. The patented technology originated from pioneering
research at the University of Colorado and has been widely adopted
in the field of nucleic acid synthesis. In its suit, Applied Biosystems
seeks judicial relief for Affymetrix's unauthorized use of the technology.
"Affymetrix has stated that it has a meritorious defense because
it purchases its reagents from licensed vendors," said Mr. Smith.
"However, the purchase of phosphoramidite compounds from licensed
vendors does not by itself convey to purchasers full rights under
the patents in suit, such as the right to synthesize oligonucleotides
by automated processes."
PE Corporation comprises two operating groups. The PE Biosystems
Group, now conducting business under the Applied Biosystems name,
develops and markets instrument-based systems, reagents, software
and contract services to the life science industry and research
community. Applied Biosystems is headquartered in Foster City, CA
and reported sales of $1.4 billion during fiscal 2000. The Celera
Genomics Group (NYSE: CRA), headquartered in Rockville, Md., intends
to become the definitive source of and related medical information.
Information about the Company, including reports and other information
filed by the Company with the Securities and Exchange Commission,
is available on the worldwide web at www.pecorporation.com or by
phoning 800.762.6923.
Certain statements in this press release are forward-looking. These
may be identified by the use of forward-looking words or phrases
such as "believe," "expect," "intend," "anticipate," "should," "planned,"
"estimated," and "potential," among others. These forward-looking
statements are based on PE Corporation's current expectations. The
Private Securities Litigation Reform Act of 1995 provides a "safe
harbor" for such forward-looking statements. In order to comply
with the terms of the safe harbor, PE Corporation notes that a variety
of factors could cause actual results and experience to differ materially
from the anticipated results or other expectations expressed in
such forward-looking statements. The risks and uncertainties that
may affect the operations, performance, development, and results
of PE Biosystems businesses include but are not limited to (1) rapidly
changing technology and dependence on new products; (2) sales dependent
on customers' capital spending policies and government-sponsored
research; (3) claims for patent infringement; (4) significant overseas
operations; (5) future growth strategy; (6) earthquakes; and (7)
other factors that might be described from time to time in PE Corporation's
filings with the Securities and Exchange Commission.
Copyright �
2000. PE Corporation. All Rights Reserved. Celera, Celera Genomics,
PE Biosystems and Applied Biosystems are trademarks of PE Corporation.
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