According to the Company’s Form 10-Q for the quarterly period ended October 2, 2005, the Court had denied the Company’s motion to dismiss the consolidated amended complaint and had taken under advisement the plaintiffs’ motion for class certification and the Company’s motion for summary judgment. On November 7, 2005, the plaintiffs filed, and the court approved, a stipulation of dismissal with prejudice of all claims in this lawsuit. As part of this stipulation, the plaintiffs waived their right to appeal the dismissal.
The Company and certain of its officers were named as defendants in a purported class action lawsuit filed in July 2002 in the United States District Court for the District of Massachusetts, In re PerkinElmer, Inc. Securities Litigation, Civil Action No. 02-11314 GAO, on behalf of purchasers of the Company’s common stock between July 15, 2001 and April 11, 2002. The lawsuit claimed violations of Sections 10(b) and 20(a) of, and Rule 10b-5 under, the Securities Exchange Act of 1934, alleging various statements made during the putative class period by the Company and its management were misleading with respect to its future operating results.