Wednesday October 27, 7:02 am Eastern Time
Company Press Release
SOURCE: Affymetrix, Inc.
Affymetrix Announces Favorable 'Markman' Decision
in Hyseq Litigation
SANTA CLARA, Calif., Oct. 27 /PRNewswire/ -- Affymetrix, Inc. (Nasdaq: AFFX - news) announced that U.S. District
Judge Ronald M. Whyte issued a ruling yesterday deciding the interpretation of the patent claims of Hyseq, Inc. (Nasdaq:
HYSQ - news). The involved patents are U.S. Patent Nos. 5,202,231, 5,525,464, and 5,695,940 which are all the patents
asserted against Affymetrix.
``We are delighted with the conclusions and clarity of the opinion,' commented Phil McGarrigle Chief Intellectual Property
Counsel of Affymetrix. ``In particular we believe that Affymetrix' exposure is minimized by the Court's conclusions that:
-- Hyseq's patents only cover technologies where 'oligonucleotide probes
... are in solution and not bound to a filter or substrate,'
-- Hyseq's patents do not cover technologies where, for example, one
determines if a '...sequence differs from a known sequence...' or a
'fragment contains a known sequence'."
McGarrigle continued: ``We are further analyzing Judge Whyte's decision and our strategy going forward, but would expect
that Hyseq will attempt to challenge the decisions of the Court.'
Vern Norviel, Senior Vice President and General Counsel of Affymetrix, commented, ``The Markman process is intended to
provide early clarity to the parties in patent disputes. The Court's decision in this case makes bright distinctions between two
very different technologies -- the pioneering high density DNA probe array technology of Affymetrix, a technology that has
found wide acceptance in biological research, and the proposals of Hyseq inventors for performing sequencing with
hybridization, a technology that has not yet been enabled.'
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 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, 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, 10-Q for the quarter ended June 30, 1999, Form S-3 filed July 12, 1999, as amended, and
Form S-4 filed October 14, 1999. 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. Affymetrix, GeneChip
and the Affymetrix logo are registered trademarks used by Affymetrix, Inc.
SOURCE: Affymetrix, Inc.
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