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QIAGEN And Applied Biosystems Settle All Disputes Over Real-Time PCR Thermal Cycler Patents

Corbett, Qiagen N.V. (Qiagen), ltf Labortechnik GmbH & Co. KG, and Applied Biosystems, LLC (Applied Biosystems) announced a settlement of their disputes concerning infringement by Corbett's Rotor-GeneTM Real-Time PCR-Cyclers and Applied Biosystems' Real-Time Thermal Cycler Instrument patents. Applied Biosystems had filed an infringement lawsuit against Corbett in Germany and Corbett later filed a declaratory judgment lawsuit in California.

Further, Corbett and ltf Labortechnik filed an intervention in opposition proceedings before the European Patent Office. QIAGEN acquired Corbett, an Australian instrumentation manufacturing company, in July 2008.

In connection with the settlement, Corbett has entered into an agreement with Applied Biosystems to take a license to certain technology relating to Corbett’s Real-Time PCR-Instrumentation and its use. The license covers all fields including research-related fields, applied fields and the fields of human and animal in vitro diagnostics.

Financial terms of the settlement and related license agreement were not disclosed. These agreements fully resolve all pending disputes between Corbett, QIAGEN, ltf Labortechnik, and Applied Biosystems.

“This Real-Time Thermal Cycler license agreement for all fields including human in vitro diagnostics expands our existing PCR intellectual property estate which is truly unique in the industry”, said Peer Schatz, chief executive officer of QIAGEN. “The Rotor-GeneTM Q Real-time Thermal Cycler technology adds high performance, proprietary PCR detection technology to QIAGEN. This addition extends our molecular testing solution portfolio and puts QIAGEN in a position to offer sample and assay technology solutions spanning from sample to result. This settlement agreement allows us to place our full focus on delivering the most advanced technology solutions to our customers in molecular diagnostics, applied testing, pharma and academic research. We are pleased that our Rotor-Gene QTM Real-Time Thermal Cycler can be marketed with the additional mark of a fully ‘Licensed Real-Time Thermal Cycler’ for all fields.”