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Biotech / Medical : Incyte (INCY) -- Ignore unavailable to you. Want to Upgrade?

To: LLCF who wrote (1126)	9/10/1999 6:54:00 PM
From: LLCF	Read Replies (1) \| Respond to of 3202

Oh crap: Friday September 10, 5:21 pm Eastern Time Company Press Release SOURCE: Incyte Pharmaceuticals, Inc. Incyte Announces Judgement in Favor of Affymetrix in Patent Interferences PALO ALTO, Calif., Sept. 10 /PRNewswire/ -- Incyte Pharmaceuticals Inc. (Nasdaq: INCY - news) today announced that the Board of Patent Appeals and Interferences of the United States Patent and Trademark Office (PTO) has declared judgement in favor of Affymetrix, Inc. in interference proceedings. Earlier this year the PTO recommended that interferences be declared between Affymetrix patent numbers 5,800,992 and 5,744,305 and two pending patent applications licensed exclusively to Incyte. An interference proceeding is invoked by the PTO when more than one patent applicant claims the same invention. The PTO determined that Incyte had not met its prima facie case, meaning that Incyte failed to provide sufficient evidence showing that Affymetrix' claims were not supported by written description or enablement. The Board's decision is subject to appeal. In January of 1998, Affymetrix filed a patent infringement suit against Incyte alleging infringement of U.S. Patent Number 5,445,934 (the '934 patent). Subsequently in September of 1998 added U.S. Patent Numbers 5,800,992 (the '992 patent) and 5,744,305 (the '305 patent), and filed a motion for preliminary injunction under the '922 patent. On January 14, 1999, Incyte announced that the PTO recommended that the Board of Patent Appeals and Interferences declare an interference between a pending Incyte patent application and the '992 patent, on April 12, 1999, Incyte announced that an interference was also recommended against the '305 patent. On May 6, 1999, Incyte announced that the PTO denied the Preliminary Injunction filed by Affymetrix against Incyte. ''We are obviously disappointed in the Board's decision, which we plan to appeal. In addition, the interference decision was based on limited evidence relating to only two legal issues, and does not address other validity and non-infringement defenses that are the subject of the separate litigation between the companies,'' said Lee Bendekgey, Incyte's General Counsel. ''We continue to believe that these defenses will enable us to prevail at trial, just as we defeated Affymetrix' earlier request for a preliminary injunction.'' Incyte Pharmaceuticals, Inc. is a leading provider of an integrated platform of genomic technologies designed to aid in the understanding of the molecular basis of disease. Incyte develops and markets genomic databases, genomic data management software, microarray-based gene expression services, related reagents and services. These products and services assist pharmaceutical and biotechnology researchers with all phases of drug discovery and development including gene discovery, understanding disease pathways, identifying new disease targets and the discovery and correlation of gene sequence variation to disease. For more information, visit Incyte's web site at www.incyte.com. Except for the historical information contained herein, the matters set forth in this press release, including statements as to implications of the ultimate outcome of any appeal and litigation are forward-looking statements within the meaning of the ''safe harbor'' provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially, including developments in the appeal process and in litigation; and other risks detailed from time to time in Incyte's SEC reports, including its Quarterly Report on Form 10-Q for the quarter ended June 30, 1999. These forward-looking statements speak only as of the date hereof. Incyte disclaims any intent or obligation to update these forward-looking statements. SOURCE: Incyte Pharmaceuticals, Inc. DAK