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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
31st Jan 20077:02 amRNSSenior Appointment
31st Jan 20077:02 amRNSInterim Results
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9th Jan 200712:57 pmRNSNotice of Results
21st Dec 20064:12 pmRNSTotal Voting Rights
29th Nov 20062:23 pmBUSSerial Entrepreneur Jothy Rosenberg Joins ANGLE Technology Ventures
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8th Sep 20067:01 amRNSNon-Executive Appointment
7th Sep 20062:26 pmRNSAGM Statement
28th Jul 200610:37 amRNSDirector/PDMR Shareholding
27th Jul 20067:02 amRNSPreliminary Results
27th Jul 20067:00 amRNSStrategic Partnership
27th Jul 20067:00 amRNSGeomerics IP Validation
17th May 20067:00 amRNSNew Venture Company
15th May 20064:55 pmRNSHolding(s) in Company
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4th May 20067:01 amRNSNew Venture - Parsortix Inc
5th Apr 20061:54 pmRNSHolding(s) in Company
31st Mar 20063:54 pmRNSBoard Change
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29th Mar 200611:45 amRNSEGM Statement
29th Mar 20067:02 amRNSNew Venture Company
6th Mar 20067:02 amRNSPlacing
24th Jan 20067:01 amRNSChange of Adviser
24th Jan 20067:01 amRNSContract Extension
24th Jan 20067:01 amRNSInterim Results
16th Dec 20052:32 pmRNSSnr Appt at Geomerics
17th Nov 20057:02 amRNSRe US Venture -- Aberro
15th Nov 20057:03 amRNSRe Synature Ltd
11th Nov 20057:29 amRNSAppointment at Novocellus Ltd
2nd Nov 20059:41 amRNSDirector/PDMR Shareholding
25th Oct 20058:00 amRNSAppointments - UK Ventures
20th Oct 20057:00 amRNSContract Extension
17th Oct 20057:01 amRNSVentures (US) Team Expansion
1st Sep 200512:43 pmRNSHolding(s) in Company
25th Aug 20053:02 pmRNSResult of AGM
11th Aug 20055:21 pmRNSAdditional Listing
1st Aug 20057:01 amRNSDirectorate Change
20th Jul 20058:30 amRNSContract Win
6th Jul 20057:01 amRNSFinal Results
24th Jun 20058:00 amRNSRe Provexis Admission to AIM
23rd Jun 20053:13 pmRNSNotice of Results
22nd Jun 200512:45 pmRNSHolding(s) in Company
10th Jun 20057:01 amRNSJoint Research Programme
31st May 20057:02 amRNSRe Acolyte Biomedica
26th May 20057:02 amRNSTrading Update
26th May 20057:02 amRNSProvexis - Reverse Takeover
6th May 20057:00 amRNSGeomerics - New Venture Co.
29th Apr 20057:01 amRNSNew US Venture
12th Apr 20057:00 amRNSNew Contracts

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