One would think that AFFX would have come out and battled the assertion made in the INCY January press release about AFFX copying from the other patent. They certainly haven't been shy about battling in the press. I think that this case means more to AFFX than INCY as this is AFFX's only business and just a small piece of INCY's. I also think that INCY's product will kick AFFX's in the marketplace. If you can't win in the marketplace, then maybe you are better off to try and win in litigation, especially in patent law where you can drag it out and have juries making piss poor decisions. I think they both have things the other needs but that AFFX wants to have more leverage on INCY. But, they just might not really have it. Sometimes egos get in the way of good business sense. Could it be that AFFX egos are pushing this? That once this course of action started that it now needs to be played out? Keep in mind that AFFX is essentially controlled by Affymax, which is owned by Glaxo. Hmmm, a nice long muddy chain of command here where I'm sure egos play no part. I wonder who is shining up the resumes, the INCY players or the AFFX ones? My bet is on the AFFX resumes.
Oh, check out this patent too. You don't think that maybe AFFX is infringing on this one that dates to 1986 do you??? I do.
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Incyte Granted Exclusive License to
Pioneering Gene Expression Analysis
Patent
Palo Alto, CA – October 5, 1998 – Incyte
Pharmaceuticals, Inc. (Nasdaq: INCY) announced
today that it has been granted an exclusive license to
a pioneering gene expression analysis technology
from the Montefiore Medical Center. The agreement
grants Incyte exclusive sublicensable rights to U.S.
Patent No. 4,981,783 which covers technology
invented by Leonard Augenlicht, Ph.D. This patent,
which was filed in 1986 and issued in 1991, includes
claims which cover methods for measuring gene
expression using a defined array.
The 783 patent describes the use of a defined
hybridization array to analyze gene expression useful
in the diagnosis and prognosis of disease. In
addition, the method is also useful for evaluating
potential risk for disease and monitoring the effects
of drug compounds on gene expression.
"This patent, based on the pioneering research of
Dr. Augenlicht, is one of the earliest patents filed in
the field of gene expression analysis," said Randy
Scott, Ph.D., President and Chief Scientific Officer
of Incyte. "The methods covered have broad
applications in disease gene expression and enhance
Incyte's growing intellectual property portfolio of
microarray technologies."
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