Bio-Rad along with its MJ Research division said that it planned to appeal the decision. In the interim, the company added that it would continue to comply with the injunction issued by the Court on August 30, 2005.
This latest ruling, issued by the District Court for the District of Connecticut, follows an injunction filed against Bio-Rad and MJ Research on Aug. 30, which claimed that sales could be reduced by approximately $10 - $15 million (€8.5 million - €12.8 million).
Pre-tax operating profit would be cut by roughly $8 million - $10 million if the injunction continued through the fourth quarter.
In response, Applera filed a motion with the SEC accusing MJ Research and Bio-Rad of committing contempt for allegedly violating the injunction. MJ Research and Bio-Rad said they were in the process of opposing the motion.
Applied Biosystems and Bio-Rad have been involved in legal wrangling since August 2005, which questioned whether a formal settlement was agreed between the companies.
Bio-Rad believed that they had relayed an agreement, which was acknowledged by the judge. Applied Biosystems disagreed, claiming a formal settlement agreement never existed.
At the core of this case, are six patents that were related to polymerase chain reaction (PCR) processes and thermal cycler instrument technology acquired by Applied Biosystems and Roche Molecular Systems
Bio-Rad is a long time licensee of intellectual property covered by Applera's patents.
The company took on responsibility for the 1998 patent infringement case brought against MJ Research as part of its August 2004 acquisition of MJ GeneWorks, the parent company of MJ Research.