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ABI Liable for $13.3 Million in Waters v. PE Jury Award

SAN FRANCISCO, Oct. 7 -Applied Biosystems, as the successor to the Perkin-Elmer Corporation, was held liable for $13.3 million from a jury verdict last week in a Waters' subsidiary TA Instruments' lawsuit against PE.


PE was found liable for infringing on TA Instruments' MDSC patents related to calorimeters used to test the effect of temperature on plastics and other materials, according to TA Instruments.


While ABI, the successor to PE, sold its thermal instruments product line in 1999, it retained liability, said ABI.


Applera, ABI's parent company, said it would appeal the judgment, which does not become final for several weeks pending a final order by the judge where interest and additional awards may be added.


ABI said it anticipates taking a charge as part of discontinued operations for the fiscal quarter ending in September.


The case was heard in the U.S. District Court for the District of Delaware. The lawsuit was initially filed in 1995.


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