Aug. 2 /PRNewswire/ -- Affymetrix, Inc. (Nasdaq: AFFX - news) announced that U.S. District Judge Ronald M. Whyte issued a revised Markman ruling interpreting the patent claims of Hyseq, Inc. (Nasdaq: HYSQ - news). U.S. Patent Nos. 5,202,231, 5,525,464, and 5,695,940 are asserted in litigation against Affymetrix. Judge Whyte issued the first Markman decision October 26, 1999.
In the revised ruling, the court clarified and reinforced the prior decision for each issue except the definition of ``probes.'' Based on the Court's decision, Affymetrix believes it is clear that there are several bases on which Affymetrix does not infringe Hyseq's patent. For example, the court clarified that: ``One may determine from ... [pre-existing] sequence information that the fragment contains a known sequence ... (or determine) the differences between the sequence of the fragment and a known sequence. Making such determinations ... is not sequencing as defined by the '231 patent.''
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 and the first decision provided that clarity. The Court's second decision has now reaffirmed that there are bright distinctions between the Affymetrix technology and the technology claimed in the Hyseq patents. We anticipate that we will be filing summary judgment motions on all claims to conclude this dispute.'' |
