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Court Thwarts Bio-Rad s Request to Enforce Settlement with ABI; Firm to Appeal

NEW YORK, Nov. 23 (GenomeWeb News) - A US district court has denied Bio-Rad's request to "enforce" a settlement in a patent-infringement suit filed by Applied Biosystems that Bio-Rad lost in April.

 

Bio-Rad today said that the US District Court for the District of Connecticut "has denied MJ Research's motion to enforce a settlement agreement," which Bio-Rad said was made on Aug. 29. Bio-Rad acquired MJ Research in August 2004.

 

MJ Research and Bio-Rad plan to appeal, Bio-Rad said, adding that the company "will continue to comply" with the original injunction, which was handed down Aug. 30.

 

As GenomeWeb News reported at that time, the court barred Bio-Rad and MJ Research from making or selling PCR thermal cyclers that infringe patents held by ABI.

 

Through the injunction, the court also prohibited Bio-Rad and MJ Research from servicing, repairing, advertising, instructing, or otherwise promoting the use of infringing thermal cyclers for use with PCR.

 

The court based its decision on an earlier jury verdict showing that the companies infringe US Patents No. 5,333,675; No. 5,656,493; and No. 5,475,610.

 

Four days after the Aug. 30 injunction was announced, Bio-Rad said it has settled its suit with ABI, and that it is "dismayed" by ABI's statement one day earlier claiming that a UScourt has barred Bio-Rad and MJ Research from making or selling PCR thermal cyclers that infringe patents held by Applera.

 

Bio-Rad has maintained since that time that it settled with ABI "and this fact has been communicated to the Court by both parties," according to a statement. The settlement, in conjunction with an existing license held by Bio-Rad, allows MJ Research to continue selling its products, according to Bio-Rad.

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