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ACOLYTE BIOMEDICA COURT JUDGEMENT

7 Nov 2011 15:53

RNS Number : 6366R
Angle PLC
07 November 2011
 



 

 

For immediate release

7 November 2011

 

ANGLE plc ("the Company")

 

ACOLYTE BIOMEDICA COURT JUDGEMENT

 

ANGLE plc (AIM: AGL) provides an update in respect of the deferred consideration due on the sale of its portfolio company Acolyte Biomedica Limited, which specialises in medical diagnostics / MRSA detection.

 

Acolyte was sold in February 2007 with ANGLE due an earn-out of up to £4.7 million receivable in early 2010. The payment of the earn-out is subject to dispute between the former Acolyte shareholders and the purchaser.

 

The legal action by the former major Acolyte shareholder, Porton Capital, in the UK courts against the purchaser, 3M, in respect of its share of the earn-out concluded this morning when the judge handed down his judgement.

 

ANGLE is pleased that the judge found in favour of Porton Capital and in particular that 3M was:

 

(1) "in breach of its obligation diligently to seek regulatory approval for BacLite in the US"; and

 

(2) "in material breach of its obligation actively to market [BacLite]".

 

We are surprised however that the damages awarded against 3M were limited to only US $1,299,808, which on a comparable basis would equate to US $248,453 for ANGLE's earn-out. We note that the damages were based on an assessment by the judge of the level of 2009 sales, which would have been achieved if 3M had not breached the SPA (sales purchase agreement). This assessment appears to be much lower than might have been the case had BacLite been successful in the market.

 

We intend to await any possible further developments, prior to approaching 3M in relation to settlement of our outstanding earn-out.

 

On the basis of this judgement, the potential level of settlement is lower than ANGLE's current balance sheet valuation of the earn out of £1.5 million. ANGLE will need to consider the balance sheet value of the earn out in the light of the judgement and any further developments particularly in regard to the level of damages awarded and it is likely that there will be an impairment of this carrying value.

 

ANGLE made the decision not to commit capital to pursue this case and we are therefore not subject to any legal costs. ANGLE's business plan is not dependent on this settlement and any payment from 3M would be additional to current cashflow plans.

 

Management are encouraged by the recent progress made with Parsortix and Geomerics. ANGLE has recently validated the capability of the Parsortix technology to separate cancer cells from human blood and the Geomerics' Enlighten lighting technology has won critical acclaim in the recently released Battlefield3 computer game. We look forward to the potential for further positive developments in the near term.

 

 

For further information: 

ANGLE plc

01483 685830

Andrew Newland, Chief Executive

Ian Griffiths, Finance Director

 

Collins Stewart Europe Limited

Matt Goode

 

0207 523 8350

Buchanan

Lisa Baderoon

 

0207 466 5000

Scott Harris

Stephen Scott, Harry Dee

 

0207 653 0030

 

This information is provided by RNS
The company news service from the London Stock Exchange
 
END
 
 
MSCDKODPPBDDDDK
Date   Source Headline
6th Dec 201011:38 amRNSHolding(s) in Company
17th Nov 201010:16 amRNSHolding(s) in Company
13th Oct 201010:06 amRNSDirector/PDMR Shareholding
13th Oct 201010:01 amRNSHolding(s) in Company
11th Oct 20101:34 pmRNSAcolyte Biomedica update
8th Oct 20107:00 amRNSPlacing Update and TVR
30th Sep 20108:09 amRNSResult of AGM and Placing Update
9th Sep 201012:35 pmRNSIssue of Equity
7th Sep 20108:27 amRNSAnnual Report and Accounts
29th Jul 20108:01 amRNSPreliminary Results
26th Jul 20107:00 amRNSGeomerics Corporate Deal
22nd Jul 20107:00 amRNSNotice of Results
16th Jul 20107:00 amRNSNeuroTargets Corporate Deal
21st Apr 201011:06 amRNSHolding(s) in Company
12th Apr 201010:57 amRNSHolding(s) in Company
31st Mar 20103:06 pmRNSDirector's share transfer
15th Mar 20109:59 amRNSGeomerics secures joint development agreement
25th Feb 20109:08 amRNSDirector/PDMR Shareholding
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2nd Feb 20101:38 pmRNSHolding(s) in Company
1st Feb 20101:30 pmRNSHolding(s) in Company
29th Jan 20103:14 pmRNSHolding(s) in Company
22nd Jan 20108:49 amRNSHolding(s) in Company
21st Jan 20107:00 amRNSInterim Results
6th Jan 20107:00 amRNSNotice of Interim Results
27th Nov 20097:00 amRNSContract Win
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24th Sep 20097:40 amRNSDirector/PDMR Shareholding
10th Sep 20093:32 pmRNSResult of AGM
3rd Sep 20094:18 pmRNSHolding(s) in Company
26th Aug 20093:08 pmRNSDisposal of Provexis Holding
12th Aug 20091:40 pmRNSHolding(s) in Company
11th Aug 20094:22 pmRNSHolding(s) in Company
24th Jul 20097:00 amRNSPreliminary Results
2nd Jul 20094:44 pmRNSHolding(s) in Company
11th Jun 20092:21 pmRNSHolding(s) in Company
30th Mar 20095:47 pmRNSDirector/PDMR Shareholding
26th Feb 20097:00 amRNSNovocellus contract completion
11th Feb 20091:44 pmRNSHolding(s) in Company
29th Jan 20097:00 amRNSInterim Results
22nd Jan 20093:09 pmRNSNotice of Results
12th Jan 20097:00 amRNSNovocellus deal
5th Dec 20082:31 pmRNSChange of Registered Address
24th Oct 20084:14 pmRNSAnnual Report & Accounts
22nd Oct 20083:04 pmRNSHolding(s) in Company
12th Sep 20084:43 pmRNSOffer Update
11th Sep 20083:21 pmRNSResult of AGM
11th Sep 20082:46 pmRNSRule 8.3- Angle Plc
10th Sep 200812:48 pmRNSRule 8.3- Angle Plc
5th Sep 20081:23 pmRNSRule 8.3- Angle PLC

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