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Applera Litigation

MILFORD, Mass., Mar 15, 2002 (BUSINESS WIRE) -- Waters Corporation (NYSE:WAT) was informed today of a jury's finding that Quattro Ultima(TM) series mass spectrometers manufactured and sold by its subsidiaries Micromass UK, Ltd. and Micromass, Inc. are an infringement of U.S. Patent 4,963,736. The finding does not relate to instruments sold under the trade designation Quattro Micro(TM). This patent is owned by MDS Inc. and exclusively licensed to Applera Corporation, formerly known as PE Corporation, and Perkin Elmer Sciex Instruments. MDS Inc., Applera Corporation and Perkin Elmer Sciex Instruments brought suit against the Micromass companies in the United States District Court for the District of Delaware, Civil Action No. 00-105.

The same jury has determined damages in an amount of $47,500,000. The Court may enter an injunction in which the Micromass companies are enjoined from making, using and selling the current Quattro Ultima(TM) series instruments in the United States. The products affected represented approximately 2.5% of Waters Corporation's 2001 annual revenue. The Quattro Ultima(TM) series instruments are made in the United Kingdom and sales in the rest of the world are not subject to the present litigation. The Court has not decided issues concerning the Micromass claim of inequitable conduct in the grant of the patent nor has the Court entered judgement on the jury verdict.

Waters Corporation is disappointed with the jury's finding, and with the determination of damages. Waters Corporation intends to contest the findings vigorously through appeals to the Federal Circuit Court of Appeals. In the event of the entry of an injunction, Micromass UK, Ltd. and Micromass, Inc. intends to alter products or introduce products in the U.S. embodying non-infringing technologies.


Certain statements contained herein are forward looking, and are subject to a variety of risks and uncertainties that are inherent in any legal proceeding. Such risks and uncertainties could cause the actual results to differ materially from those expressed in, or suggested by, such forward looking statements.

CONTACT: Waters Corporation Brian Mazar, 508-482-2193