Affymetrix Granted Favorable Verdict in Patent Infringement Case Against Illumina
March 13 2007 - 2:54PM
Business Wire
Affymetrix Inc. (NASDAQ:AFFX) today announced that the United
States District Court for the District of Delaware returned a
verdict in favor of Affymetrix in its patent infringement suit
against Illumina Inc. The jury found that Illumina�s arrays,
scanners, software, and related products infringed on one or more
claims of all five of Affymetrix� (5,535,531, 5,795,716, 6,355,432,
6,399,365, and 6,646,243) patents-in-suit. The jury found that the
proper royalty rate was 15 percent, and awarded total damages of
more than $16 million for the period of 2002-2005. Affymetrix has
developed one of the industry�s strongest patent portfolios,
featuring more than 375 patents granted. The company continues to
license its technology under appropriate circumstances to stimulate
the broad commercialization of genome analysis technologies. �We
respect the United States judicial process and are gratified with
the jury�s decision. This ruling recognizes Affymetrix� patent
portfolio and the value of our licensing program,� said Kevin King,
president of life sciences business and executive vice president at
Affymetrix. �We have always believed, and continue to believe, in
the strength of our intellectual property. We remain confident of
our position in the next phases of the trial.� The next phase of
the trial will occur later this year. Affymetrix believes that it
will focus on the validity of Affymetrix� patents and whether
Illumina�s infringement was willful. Affymetrix has also requested
injunctive relief in this case, which will be taken up at the
conclusion of all phases of the trial. About Affymetrix Affymetrix
GeneChip� microarray technology is the industry-standard tool for
analyzing complex genetic information. After inventing microarray
technology in the late 1980s, Affymetrix scientists have been
dedicated to developing innovative products that provide
researchers with a more complete view of the genome. These products
continue to accelerate genetic research and enable scientists to
develop diagnostics and tailor treatments for individual patients
by identifying and measuring the genetic information associated
with complex diseases. Today, 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 1,500 systems have been shipped around the
world and more than 8,500 peer-reviewed papers have been published
using the technology. Affymetrix is headquartered in Santa Clara,
Calif., and has manufacturing facilities in Sacramento, Calif., and
Singapore. The company has about 1,100 employees worldwide and
maintains sales and distribution operations across Europe and Asia.
For more information about Affymetrix, please visit the company�s
website at www.affymetrix.com. Forward Looking Statements All
statements in this press release that are not historical are
�forward-looking statements� within the meaning of Section 21E of
the Securities Exchange Act as amended, including statements
regarding Affymetrix� �expectations,� �beliefs,� �hopes,�
�intentions,� �strategies� or the like. Such statements are subject
to risks and uncertainties that could cause actual results to
differ materially for Affymetrix from those projected, including,
but not limited to: risks and uncertainties associated with the
final outcome of the litigation against Illumina discussed in this
press release; risks of the company�s ability to achieve and
sustain higher levels of revenue, higher gross margins, reduced
operating expenses; uncertainties relating to technological
approaches, manufacturing, product development; personnel
retention; uncertainties related to cost and pricing of Affymetrix
products; dependence on collaborative partners; uncertainties
relating to sole source suppliers; uncertainties relating to FDA
and other regulatory approvals; competition; risks relating to
intellectual property of others and the uncertainties of patent
protection and litigation. These and other risk factors are
discussed in Affymetrix� Form 10-K for the year ended December 31,
2006, and other SEC reports, including its Quarterly Reports on
Form 10-Q for subsequent quarterly 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 with
regard thereto or any change in events, conditions or circumstances
on which any such statements are based. NOTE: Affymetrix, the
Affymetrix logo and GeneChip� are registered trademarks owned or
used by Affymetrix Inc.
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