Affymetrix Announces Federal Court Affirms Dismissal of Illumina Patent Infringement Lawsuits

Affymetrix, Inc. (NASDAQ:AFFX) (the “Company”) today announced that the U. S. Court of Appeals for the Federal Circuit has affirmed the dismissal of the patent infringement lawsuits brought against the Company by Illumina regarding U.S. Patent Nos. 7,510,841 and 7,612,020.

“We are pleased that the Federal Circuit has affirmed the District Court’s prior rulings that Affymetrix does not infringe the asserted patents and dismissing Illumina’s lawsuits,” said Rick Runkel, Affymetrix's Executive Vice President, General Counsel and Secretary. “As we said at the outset of this process, we are committed to conducting our business with the utmost integrity and believe the ruling of both the District Court and the Court of Appeals underscore this commitment.”

About Affymetrix

Affymetrix technology is used by the world's top pharmaceutical, diagnostic, and biotechnology companies, as well as leading academic, government, and nonprofit research institutes. More than 23,700 peer-reviewed papers have been published using the technology. Affymetrix is headquartered in Santa Clara, Calif., and has manufacturing facilities in Santa Clara, Cleveland, Ohio, and Singapore. The company has about 900 employees worldwide and maintains sales and distribution operations across Europe, Asia, and Latin America. For more information about Affymetrix, please visit http://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’s “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. These and other risk factors are discussed in Affymetrix’ Form 10-K for the year ended December 31, 2010, and other SEC reports for subsequent quarterly periods.