Affymetrix (NASDAQ:AFFX)
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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.