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Biotech / Medical : Incyte (INCY)
INCY 102.05+0.3%Nov 21 3:59 PM EST

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To: Steve Tauscher who wrote (921)3/22/1999 1:00:00 AM
From: RCMac  Read Replies (1) of 3202
 
Steve,
The AFFX v. INCY suit is about more than the patent issue, I understand from Murphy's newsletter, which I paraphrased on the point in an earlier post:

Message 7735800

This sounds to me more like some sort of claim of theft of trade secrets. Such a claim could be based on essentially the same basic facts - use by INCY/Synteni of a process owned by AFFX - as a patent claim, but would not depend on the validity of any patent. Instead, AFFX would probably need to prove that such a theft took place, and that INCY was using the stolen intellectual property. If I am reading Murphy's fragmentary report correctly, the injunction (at least as based on this part of the lawsuit) would be against INCY's continued use of the "stolen" IP, which Murphy says is worth about 6% of INCY's business.

I don't know how much this helps. I will try to phone INCY's in-house lawyers sometime this week, to see if I can learn more about the lawsuit.

-- RCM
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