Friday September 10, 5:22 pm Eastern Time
Company Press Release
SOURCE: Affymetrix, Inc.
Patent Office Announces Decision in Affymetrix'
Favor in Both Interferences With Incyte
Pharmaceuticals
SANTA CLARA, Calif., Sept. 10 /PRNewswire/ -- Affymetrix, Inc. (Nasdaq: AFFX - news), announced that the U.S. Patent
and Trademark Office (PTO) issued decisions today in favor of Affymetrix in both interferences initiated by Incyte/Synteni
(Nasdaq: INCY - news). Judge Torczon stated that Incyte ''... failed to establish a threshold case ...'' and issued an order to
show cause against Incyte. The interferences related to certain claims of U.S. Patent Numbers 5,744,305 and 5,800,992.
Incyte attempted to provoke interferences with the two Affymetrix patents in response to lawsuits filed to prevent violations of
Affymetrix' intellectual property by Incyte.
''Today's ruling is consistent with the Patent Office's initial decision to grant each of the patents. The PTO was required to
address Incyte's request for an interference, regardless of its merit, and the patent office has now done so in our favor,''
commented Phil McGarrigle, Chief Intellectual Property Counsel of Affymetrix. ''We look forward to even greater focus on
building our business and accelerating the pace of biological research with our unique technologies,'' added Vern Norviel,
Senior Vice President and General Counsel of Affymetrix.
Affymetrix has developed and intends to establish its GeneChip® system as the platform of choice for acquiring, analyzing and
managing complex genetic information in order to improve the diagnosis, monitoring and treatment of disease. The Company's
GeneChip system consists of disposable DNA probe arrays containing gene sequences on a chip, reagents for use with the
probe arrays, a scanner and other instruments to process the probe arrays and software to analyze and manage genetic
information. Additional information on Affymetrix and GeneChip technology can be found at www.affymetrix.com.
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, including statements regarding the Company'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, including, but not limited to, uncertainties relating to technological approaches, product
development, manufacturing, and market acceptance, 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' Annual Report on Form 10-K for the year ended December
31, 1998 and 10-Q for the quarter ended June 30, 1999 and Form S-3 filed July 12, 1999, as amended. 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, GeneChip and the Affymetrix logo are registered trademarks used by Affymetrix, Inc.
SOURCE: Affymetrix, Inc. |
