www.fdanews.com/articles/67866-biomerieux-exercises-option-to-license-technology-from-gen-probe

BIOMERIEUX EXERCISES OPTION TO LICENSE TECHNOLOGY FROM GEN-PROBE

January 21, 2005

Gen-Probe has announced that bioMerieux has exercised an option to develop diagnostic products for certain undisclosed disease targets using Gen-Probe's patented ribosomal RNA technologies, pursuant to terms of an agreement first disclosed Oct. 6, 2004.

In exchange for these rights, bioMerieux has paid Gen-Probe a $4.5 million license fee. bioMerieux also retains options to develop diagnostic products for other disease targets by paying Gen-Probe up to an additional $3 million by the end of 2006.

The amount and timing of additional revenue that Gen-Probe records will depend on the number of additional targets, if any, selected by bioMerieux. Gen-Probe also will receive royalties on the sale of products developed using the company's intellectual property.