TORRANCE, Calif. – Phenomenex Inc., a global leader in the research and manufacture of advanced technologies for the separation sciences, announced today that the University of Delaware has withdrawn a lawsuit for patent infringement brought against the company.

The lawsuit, first filed in 2005, claimed that Phenomenex used technology from a University-owned patent related to a process of chemical derivatization in liquid chromatography separation products.

“This case against Phenomenex by the University of Delaware was completely without technical merit,” explained Emmet Welch, senior manager of product development. “Phenomenex was completely cooperative and forthcoming throughout the litigation, and in the end the data unequivocally showed that in no way does Phenomenex infringe the University’s patent.”

Shortly after a hearing on the scope of the University’s patent, and while preparing for trial, Phenomenex was informed of the University of Delaware’s desire to dismiss the lawsuit if Phenomenex agreed not to counter sue the University for legal fees. The case was officially dismissed on February 2nd.

“As a matter of principle, Phenomenex does not settle frivolous lawsuits simply to avoid the nuisance of a trial,” explained Fasha Mahjoor, president and CEO. “It is simply wrong, and would set a dangerous example, if Phenomenex agreed to settle solely out of convenience. We have never done that and never will. We had done nothing wrong and were prepared to prove that in a court of law, even if it meant cost and time for the company.”

“While we are delighted with the outcome, it is a shame that so much effort was expended on something so counterproductive,” concluded Mr. Mahjoor. “It makes you wonder what the University and Phenomenex could have achieved together if the time and money had been spent on productive efforts. The University of Delaware is an incredible institution and it is our most sincere hope that our next interaction with them can be positive and productive.”

Phenomenex is a global technology leader committed to developing novel analytical chemistry solutions that solve the separation and purification challenges of researchers in industrial, clinical, government and academic laboratories. From drug discovery and pharmaceutical development to disease diagnosis, food safety and environmental analysis, Phenomenex chromatography solutions accelerate science and help researchers improve global health and well-being. For more information on Phenomenex, visit www.phenomenex.com.