AFFX Affymetrix, Inc.

Affymetrix, Inc. (NASDAQ:AFFX) announced today that District Court Judge Joseph J. Farnan of the United States District Court for the District of Delaware issued a Markman order in the litigation brought by Affymetrix against Illumina. Affymetrix has accused Illumina of infringing U.S. Patent Nos. 6,355,432, 6,646,243, 5,545,531, 6,399,365, and 5,795,716 (the "patents-in-suit"). In a Markman decision, the District Court interprets disputed claim language. The Court's August 16 Order addressed 15 disputed claim terms in the five patents-in-suit. The Court agreed with Affymetrix' proposed constructions for most terms and adopted only two of Illumina's proposed constructions. The Court rejected Illumina's primary contentions, and found instead that: -- The patents-in-suit are not limited to in situ synthesis. -- The patents-in-suit are not limited to probes chemically linked to a single surface. -- The patents-in-suit are not limited to placement of probes at predetermined locations (and therefore cover random assembly of arrays). The Court's decision affirms the breadth of Affymetrix' patent portfolio in covering the DNA microarray field and related technology. In a separate decision, the Court also denied Illumina's motion to dismiss the '716 patent for lack of standing. The Court affirmed Affymetrix' ownership of and right to sue on the '716 patent. "We are pleased with the Court's Markman decision and look forward to proceeding to trial," said Barbara Caulfield, Affymetrix' Executive Vice President and General Counsel. Trial is scheduled to begin on October 16, 2006. Affymetrix is seeking remedies including lost profits, a reasonable royalty, trebled damages for willfulness, and a permanent injunction. To view the Markman memorandum and opinion, please visit: http://www.affymetrix.com/corporate/media/illumina_announcement.affx About Affymetrix Affymetrix scientists invented the world's first high-density microarray in 1989 and began selling the first commercial microarray in 1994. Since then, Affymetrix GeneChip(R) technology has become the industry standard in molecular biology research. Affymetrix technology is used by the world's top pharmaceutical, diagnostic and biotechnology companies as well as leading academic, government and not-for-profit research institutes. More than 1,400 systems have been installed around the world and nearly 4,000 peer-reviewed papers have been published using the technology. Affymetrix' patented photolithographic manufacturing process provides the most information capacity available today on an array, enabling researchers to use a whole-genome approach to analyzing the relationship between genetics and health. Affymetrix is headquartered in Santa Clara, Calif., with manufacturing facilities in Sacramento, Calif., and Bedford, Mass. The Company maintains important sales and marketing operations in Europe and Asia and has about 1,100 employees worldwide. For more information about Affymetrix, please visit the Company's website at www.affymetrix.com. All statements in this press release that are not historical are "forward-looking statements" under the federal securities laws. Such statements are subject to risks and uncertainties that could cause actual results to differ materially, including but not limited to the risk that further review of the Company's financial reporting for prior periods will require further restatement, and the other risk factors discussed in Affymetrix' Form 10-K for the year ended December 31, 2005 and other SEC reports, including its Form 10-Q reports for subsequent periods. Affymetrix expressly disclaims any obligation or undertaking to release publicly any updates or revisions to any forward-looking statements contained herein to reflect any change in Affymetrix' expectations or any change in events, conditions, or circumstances on which any such statements are based.