SUNNYVALE, Calif., Oct. 27 /PRNewswire/ -- Hyseq, Inc. (Nasdaq: HYSQ) today announced that it was issued United States Patent No. 5,972,619 (the '619 patent) which covers methods for identifying a base in a nucleic acid sequence. Upon issuance yesterday of the '619 patent, Hyseq filed a complaint for patent infringement in the United States District Court to allege that Affymetrix, Inc. infringes this newly-issued patent. Hyseq also alleged that Affymetrix' U.S. Patent No. 5,795,716 (the '716 patent) is invalid because the subject matter was first invented and is claimed and covered by Hyseq's '619 patent.
The '619 patent provides another basis for patent infringement in addition to the basis alleged Hyseq's ongoing litigation against Affymetrix, which was first filed in March 1997. In that case (Hyseq, Inc. v. Affymetrix, Inc., Case No. C 97-20188 RMW ENE, U.S. District Court), Hyseq alleged infringement by Affymetrix of Hyseq's U.S. Patents Nos. 5,202,231 and 5,525,464. A second case filed by Hyseq against Affymetrix (Hyseq, Inc. v. Affymetrix, Inc., Case No. C-97-4469 THE), which alleges infringement by Affymetrix of Hyseq's U.S. Patent No. 5,695,940, has been consolidated with that case.
In August 1998, Affymetrix filed suit against Hyseq (Affymetrix, Inc. v. Hyseq, Inc., Case No. C-98-013192 WHA (MEJ)) alleging that Hyseq infringed two of Affymetrix' patents, the '716 patent and U.S. Patent No. 5,744,305, and filed an amended complaint in September 1998 alleging infringement of another U.S. Patent, No. 5,800,992. Hyseq has filed a notice in the case of Affymetrix, Inc. v. Hyseq, Inc. that the new case filed today is related to that case. |
