INCYTE GENOMICS INC (INCY)
form 8-K
Item 5. Other Events.
On November 21, 2001, Incyte Genomics, Inc. (the "Company") filed a complaint against Invitrogen Corporation in the United States District Court for the Southern District of California alleging infringement of sixteen patents. Eleven of the asserted patents (U.S. patent numbers 5,633,149, 5,637,462, 5,817,497, 5,776,753, 5,840,535, 5,853,997, 5,874,535, 5,919,686, 5,925,542, 5,962,263, and 6,001,598) are gene patents. Three of the patents (U.S. patent numbers 5,716,785, 5,891,636, and 6,291,170) relate to RNA amplification and gene expression. Two of the patents (U.S. patent numbers 5,807,522, and 6,110,426) relate to methods of fabricating microarrays of biological samples. The complaint seeks a permanent injunction enjoining Invitrogen from further infringement of the patents at issue, damages for Invitrogen's conduct, as well as the Company's fees, costs, and interest. The Company further seeks triple damages from the infringement claim based on Invitrogen's willful infringement of the Company's patents. Invitrogen's response to the Company's Complaint is due on December 11, 2001.
On November 21, 2001, the Company filed its Answer to the Complaint filed by Invitrogen in the United States District Court for the District of Delaware. In addition to its answers to Invitrogen's patent infringement claims, the Company asserted seven counterclaims against Invitrogen seeking declaratory relief with respect to the patents at issue, implied license, estoppel, laches, and patent misuse. The Company also seeks its fees, costs, and expenses. Invitrogen's response to the Company's counterclaims is due on December 11, 2001. The Company believes it has meritorious defenses and intends to defend vigorously the suit brought by Invitrogen.
Simultaneously with the filing of its Answer, the Company filed a motion to transfer the action from the United States District Court for the District of Delaware to the United States District Court for the District of Maryland, where Invitrogen Corporation is currently a party to three infringement actions alleging infringement of the same patents-in-suit.
On November 26, 2001, the Company announced that Paul A. Friedman, M.D. was hired as the Company's Chief Executive Officer. In addition, Robert Stein, M.D., Ph.D. was named President and Chief Scientific Officer of the Company. Paul A. Friedman, Robert Stein and Julian Baker, Managing Partner of Baker/Tisch Investments, have also been elected to the Company's Board of Directors . The Company's current Chief Executive Officer and co-founder, Roy A. Whitfield, has been elected Chairman of the Company's Board of Directors, succeeding co-founder Randal W. Scott, Ph.D. ... |
