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Strategies & Market Trends : Rande Is . . . HOME -- Ignore unavailable to you. Want to Upgrade?


To: Rande Is who wrote (40097)11/2/2000 8:42:24 AM
From: JLS  Read Replies (2) | Respond to of 57584
 
AFFX +10 premarket

U.K. Court of Appeal Rules Affymetrix Owns OGT Patent License

THURSDAY, NOVEMBER 2, 2000 7:04:00 AM EST
SANTA CLARA, Calif., Nov 2, 2000 /PRNewswire via COMTEX/ -- Affymetrix, Inc. (Nasdaq: AFFX) said that the U.K. Court of Appeal unanimously held today that Affymetrix' purchase of the Beckman Coulter microarray business transferred a license to the "Southern Patents." The decision reversed an April 2000 finding of the U.K. High Court in litigation brought against Affymetrix by Oxford Gene Technology Limited (OGT).

Specifically, Lord Justice Aldous, who delivered the leading judgment, concluded "Affymetrix has a license as a result of the purchase of the business of Beckman."

Vern Norviel, Senior Vice President and General Counsel of Affymetrix, commented, "We welcome the decision by the Court of Appeal and will continue our mission of providing GeneChip(R) products and other enabling genetic analysis tools to scientists working to understand the human genome and help cure disease."

"In light of this decision, Affymetrix now looks forward to a determination in the U.S. District Court in Delaware that its current products are not covered by any valid OGT claim, in which case Affymetrix may no longer need to pay royalties to OGT," said Phil McGarrigle, Chief Intellectual Property Counsel of Affymetrix. "Furthermore, our freedom to operate under OGT's patents is now clear and unequivocal, if we should need it."

Affymetrix is a leader in developing and commercializing systems to acquire, analyze and manage complex genetic information in order to improve the quality of life. The Company's GeneChip system consists of disposable DNA probe arrays containing gene sequences on a chip, reagents for use with the probe arrays, a scanner, and other instruments to process the probe arrays and software to analyze and manage genetic information. The Company's spotted array system enables individual researchers to create and analyze custom microarrays on an easy-to-use, cost efficient platform. Additional information on Affymetrix and GeneChip technology can be found at www.affymetrix.com.

All statements in this press release that are not historical are "forward-looking statements" within the meaning of Section 21E of the Securities Exchange Act as amended, including statements regarding Affymetrix' "expectations," "beliefs," "hopes," "intentions," "strategies" or the like. Such statements are subject to risks and uncertainties that could cause actual results to differ materially for Affymetrix from those projected, including, but not limited to, uncertainties relating to technological approaches, product development, manufacturing, market acceptance, personnel retention, equity dilution, uncertainties related to the ability to realize benefits from acquisitions, uncertainties related to cost and pricing of Affymetrix products, dependence on collaborative partners, uncertainties relating to sole source suppliers, uncertainties relating to FDA and other regulatory approvals, competition, risks relating to intellectual property of others and the uncertainties of patent protection and litigation. These and other risk factors are discussed in Affymetrix' Annual Report on Form 10-K for the year ended December 31, 1999 and other SEC reports, including its Quarterly Reports on Form 10-Q for subsequent quarterly periods. Affymetrix expressly disclaims any obligation or undertaking to release publicly any updates or revisions to any forward-looking statements contained herein to reflect any change in Affymetrix' expectations with regard thereto or any change in events, conditions, or circumstances on which any such statements are based. Affymetrix, GeneChip and the Affymetrix logo are registered trademarks used by Affymetrix, Inc.

SOURCE Affymetrix, Inc.

CONTACT: Edward M. Hurwitz, Vice President and Chief Financial Officer,
408-731-5000, or Anne Bowdidge, Director of Investor Relations, 408-731-5925,
both of Affymetrix, Inc.

URL: affymetrix.com
prnewswire.com

(C) 2000 PR Newswire. All rights reserved.

KEYWORD: California



To: Rande Is who wrote (40097)11/2/2000 8:42:50 AM
From: vagabond  Read Replies (1) | Respond to of 57584
 
A bad omen for TMTA (Transmeta) IPO, set for next week...
====================
Thursday November 2 6:55 AM ET

IBM Scraps Transmeta Chip Plan

By MAY WONG, AP Technology Writer

SAN JOSE, Calif. (AP) - IBM Corp. has canceled plans to use an energy-saving chip manufactured by Transmeta Corp (news - web sites). in its upcoming laptop computers, deflating the upstart's balloon one week before it goes public.

IBM instead will continue using Intel chips - the Pentium III and Celeron - in its ultralight ThinkPads due to roll out in the fourth quarter, company spokesman Tim Blair said Wednesday. IBM said in June it would use Transmeta's low-powered Crusoe semiconductor.

``We'll continue to look at Transmeta for future products in the ThinkPad line, but at this point, for this product, we're not going to market with it right now,'' he said.

Blair would not say whether the decision was related to product performance, engineering problems or marketing issues, exacerbating the skepticism surrounding Transmeta's outlook before its scheduled Nov. 6 initial public offering.

``It certainly will put a cloud on Transmeta's plans,'' said Steve Kleynhans, an analyst with the Meta Group who follows the chip industry. ``People will wonder: 'What did IBM discover as they moved forward in developing a machine with this product?' It may have nothing to do with performance, but people will say, IBM is a smart company ... and people will infer that there's something negative about (Transmeta's) product.''

Transmeta downplayed the fallout of IBM's decision and said it remains confident in its growing list of customers.

Santa Clara, Calif.-based Transmeta unveiled its Crusoe chip in January after five years of highly secretive development. The chip's ``code-morphing'' technology is supposed to consume less power and give off less heat and thus extend the battery life for laptop computers.

Transmeta has been positioning itself to cut into the market share of Intel Corp.

IBM was among several laptop manufacturers at the PC Expo in June to show off a prototype using the Crusoe chip. Sony Corp., Fujitsu Ltd., and NEC Corp have each begun using Crusoe chips in the latest models of their ultralight laptops.

``IBM was the biggest feather in Transmeta's cap,'' Kleynhans said. ``To make up the volume it would have had with IBM, it would need two or three other computer makers, and they still wouldn't have the prestige of IBM.''

Of all the notebook makers that are taking a chance with the Crusoe chip, IBM would have had the biggest and farthest reach with mainstream consumers, said Linley Gwennap, principal industry analyst of the Linley Group.

``But the big issue is if this starts a trend, if other companies start backing out of their commitments with Transmeta, then there's a problem.''

Transmeta said it still has a good relationship with IBM, whose semiconductor division manufactures the Crusoe chip for Transmeta.

``We have seen that the companies providing the most innovation with Crusoe are focusing on the need for significantly extended battery life,'' said Transmeta spokesman Philip Bergman. ``Companies that are not extending battery life as a focus may look to other options. It's up to the needs of a particular customer.''

Bergman said he could not comment about the financial impact of IBM's decision because the company is in its pre-IPO quiet period.

The proposed offer price of Transmeta shares is between $11 and $13.



To: Rande Is who wrote (40097)11/2/2000 1:39:11 PM
From: thecatwoman_  Read Replies (1) | Respond to of 57584
 
rande

>>>I would also appreciate your not writing messages "between the lines" of your post.

what message might that be? i have no agenda, as i have thought this to be a forum for exchanging ideas. it is my opinion that some of the securities on that list can not sustain growth expectations; almost every niche is getting more competitive reducing leaders' market share.

i didn't suggest replacing all of the large caps with small caps(as your pm stated)--but merely using some as a hedge. i look for growth at reasonable valuations. it is my opinion that if a trader wants to be on the aggressive growth side of the marketplace, select small and midcaps offer as much or more because of their shoddy valuations. many have assets greater than their capitalization, with propietary products and healthy growth prospects. to me, buying a very good company at or below book, is a no-brainer.

also, i don't think that list was balanced and i think an argument can be made that it is unreasonable to hold fifty positions. but that is ONLY my opinion--isn't that what makes a market? if you disagree, fine; if my opinion offends you, i'm sorry--it certainly wasn't intended to.

regards
laura