Illumina (ILMN) Optics for Genomics Message Board

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Biotech / Medical : Illumina (ILMN) Optics for Genomics

ILMN 120.49

-1.6%

1:31 PM EST

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To: mopgcw who wrote (42)	12/5/2002 4:31:11 AM
From: nigel bates	Read Replies (1) of 276

SAN DIEGO--(BUSINESS WIRE)--Dec. 5, 2002--Illumina, Inc. (Nasdaq: ILMN - News) announced today that it has notified Applera Corporation's Applied Biosystems Group ("ABG") that it is in breach of the parties' 1999 Joint Development Agreement ("JDA") to commercialize a collaboration genotyping system. This notification follows a patent infringement suit filed by ABG against Illumina in the Federal District Court in Northern California asserting several patents related to Applied Biosystems' oligo ligation assay and a notification from ABG alleging that Illumina has breached the JDA and seeking arbitration pursuant to the agreement. "We are deeply disappointed that after ABG's failure to achieve its development responsibilities under the agreement, they have decided to sue their partner, without any attempt to contact us before filing, in an effort to restrain us from selling our independently developed system," stated Jay Flatley, Illumina President and CEO. "ABG's case is without merit and we plan to vigorously defend the company and its products," Flatley continued. Illumina announced in July of this year that ABG would be unable to meet the planned mid-year product launch of the collaboration system. This delay followed an earlier delay by ABG from the initially planned launch of December 2001. The Joint Development Agreement has passed its third anniversary without release of a collaboration product, yet Illumina continues to have no information on when or if ABG will complete its development effort. "Despite ABG's delays and litigation tactics, we stand ready to fulfill our obligations under the JDA," stated Flatley...

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