Tuesday December 9, 4:45 pm Eastern Time
Company Press Release
SOURCE: Hyseq, Inc.
Hyseq, Inc. Awarded Fifth Sequencing Patent And Files Second Lawsuit Against
Affymetrix, Inc.
Suit Relates to All Affymetrix' Products
SUNNYVALE, Calif., Dec. 9 /PRNewswire/ -- Hyseq, Inc. (Nasdaq: HYSQ - news), a genomics industry leader, announced today
that it has been awarded a U.S. patent on a method for partially sequencing genes. The Company believes that its partial
sequencing method makes possible for the first time low cost DNA sequence screening tests. The patent, number 5,695,940, covers
a method for partial sequencing of DNA by hybridization of oligonucleotide probes and expands the company's protection of its
proprietary sequencing by hybridization (SBH) technology, which already includes four issued U.S. patents.
In addition, Hyseq today filed a complaint against Affymetrix, Inc. (Nasdaq: AFFX - news) in the U.S. District Court for the Northern
District of California in San Jose, charging Affymetrix with infringing Hyseq's newly issued partial sequencing by hybridization (SBH)
patent. This new petition is in addition to Hyseq's ongoing lawsuit against Affymetrix for infringement of U.S. Patent Nos. 5,202,231
and 5,525,464. That case, No. C-97-20188 RMW (PVT), was filed in March of this year also in the U.S. District Court in San Jose.
Hyseq believes both of its lawsuits cover Affymetrix' entire product line.
In its new complaint Hyseq seeks to enjoin Affymetrix from further infringement of its partial SBH patent. Hyseq contends that
Affymetrix is engaging in a campaign of infringement and is inducing others to infringe Hyseq's patent by selling products for use in
Affymetrix' diagnostic, expression-monitoring and single nucleotide polymorphism GeneChips(TM). Hyseq is also seeking monetary
damages resulting from Affymetrix' infringement.
Lewis S. Gruber, President and Chief Executive Officer of Hyseq, stated: ''Hyseq has what it believes to be the leading technology
in gene sequencing. The Company is fully committed to protecting its proprietary positions in this area. Hyseq has a formal licensing
program in place to share its SBH technology with other companies, as Affymetrix is well aware. Instead, Affymetrix has chosen to
ignore this legal, and fair, means of benefiting from Hyseq's discoveries.''
Gruber continued, ''It is important to note that Affymetrix has not alleged that we are infringing any of their patents and have filed
no lawsuits against Hyseq, and we have no intentions of using any of Affymetrix' technology.''
According to Radoje T. Drmanac, Ph.D., a Senior Vice President for Research at Hyseq, SBH is significantly faster than all other
sequencing methods used in genomics and has been used to survey over four million DNA samples this year, creating what Hyseq
believes is the world's largest proprietary human gene database. ''SBH technology offers the greatest potential to identify and
develop the commercial opportunities for human genes associated with cancer, diabetes, Alzheimer's and infectious disease, such
as AIDS,'' he added.
Hyseq, Inc., based in Sunnyvale, California, applies the proprietary DNA array technology of its integrated HyX(TM) genomics
platform to produce gene- based therapeutic product candidates, the only universal DNA sequencing chip, and gene-based
diagnostic products and tests. Hyseq believes that its proprietary HyGenomics(TM) database of partial gene sequences is the
fastest growing and the largest proprietary human gene database.
Statements included in this press release which are not historical in nature, are intended to be, and are hereby identified as
''forward-looking statements'' for purposes of the safe harbor provided by Section 21E of the Securities Exchange Act of 1934, as
amended by Public Law 10467. Forward- looking statements may be identified by words including ''anticipate,'' ''believe, ''intend,''
''estimate,'' ''expect'' and similar expressions. The company cautions readers that forward-looking statements, including without
limitation, those relating to the company's future business prospects are subject to certain risks and uncertainties that could cause
actual results to differ materially from those indicated in the forward-looking statements, due to factors, such as those relating to
prosecuting, maintaining and defending patent rights, and other risks, and factors, identified from time to time in the company's
reports filed with the SEC. |
