1107216--5/24/2006--ORCHID_CELLMARK_INC

related topics
{property, intellectual, protect}
{stock, price, share}
{regulation, government, change}
{customer, product, revenue}
{control, financial, internal}
{stock, price, operating}
{cost, operation, labor}
{cost, contract, operation}
{product, market, service}
{operation, natural, condition}
{tax, income, asset}
{provision, law, control}
{product, candidate, development}
{operation, international, foreign}
{product, liability, claim}
Risks Related to Our Business If we fail to maintain the service contracts we have with various state and governmental agencies or fail to enter into additional contracts, we would lose a significant source of revenues. We currently receive a significant percentage of our annual gross revenue through relationships with two customers and agreements with these customers may terminate. We cannot guarantee the receipt of revenue from our government contracts. Our failure to comply with applicable government and industry regulations or to maintain accreditations may affect our ability to develop, produce or market our potential products and services and may adversely affect our results of operations. We currently rely primarily on a single supplier for the majority of reagents and other components for the performance of our DNA testing services. International sales are subject to increased costs and other risks, which could affect our revenues. We had an accumulated deficit of $306 million as of December 31, 2005. If we fail to reach profitability and need to acquire additional capital to fund our current and future operating plans or obtain it on unfavorable terms, then we may have to take further cost-cutting measures. We have determined that we have material weaknesses in our internal control over financial reporting. As a result, current and potential stockholders could lose confidence in our financial reporting, which would harm our business and the trading of our stock. Future acquisitions or mergers could disrupt our ongoing operations, increase our expenses and adversely affect our revenues. Our improvement of existing technologies and our ability to capture and develop future technologies to be utilized in our service offerings may not be commercially successful, which could adversely affect our revenues. We may be unable to hire an adequate number of DNA analysts or successfully apply new technology. Our future sales and marketing efforts may not be successful in achieving our expected revenue growth. We have adequate sales and marketing resources, but if our resources become limited, we may not achieve our expected revenue growth. We may be held liable for any inaccuracies associated with our services, which may require us to defend ourselves in costly litigation. Our ability to provide services may be seriously impaired by the occurrence of a natural disaster affecting any one or more of our laboratories. Our success will depend partly on our ability to operate without misappropriating the intellectual property rights of others. If we cannot enter into new development or licensing agreements, we may be unable to further enhance our service offerings. If our patent applications do not result in issued patents, our competitors may obtain rights to commercialize our discoveries, which would harm our competitive position. The scope of our issued patents may not provide us with adequate protection of our intellectual property, which would harm our competitive position. We may need to initiate lawsuits to protect or enforce our patents and other intellectual property rights, which could result in the forfeiture of these rights. Other rights and measures that we rely upon to protect our intellectual property may not be adequate to protect our products and services and could reduce our ability to compete in the market. Our ability to utilize our net operating loss carryforwards may be limited. Risks Associated with Our Common Stock Future issuance of our securities may dilute the rights of our stockholders. We have various mechanisms in place that you as a stockholder may not consider favorable, which may discourage takeover attempts and may prevent or frustrate attempts by stockholders to change our direction or management. Our common stock may be delisted from The Nasdaq National Market. Our stock price has been, and likely will continue to be, volatile and your investment may suffer a decline in value. Fluctuations in our quarterly revenues and operating results may negatively impact our stock price.

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