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Biotech / Medical : AFFYMETRIX (AFFX) -- Ignore unavailable to you. Want to Upgrade?

To: BradleyMarshall who wrote (1428)	11/10/2000 4:20:12 PM
From: Jon Koplik	Read Replies (1) \| Respond to of 1728

Interim Verdict Announced in Oxford Gene Technology Litigation Court Finds No Literal or Willful Infringement of '637 Patent SANTA CLARA, Calif., Nov 10, 2000 /PRNewswire via COMTEX/ -- Affymetrix, Inc. (Nasdaq: AFFX chart, msgs) said today that a verdict was returned in the first phase of a suit brought by Oxford Gene Technology Limited (OGT) in the United States District Court in Delaware. The validity of the patent has not yet been addressed, and will be considered in the next phase of the trial. The Company also reported that the same Delaware Court confirmed that Affymetrix holds a valid license to the OGT patent. The jury found that there was no literal or willful infringement of OGT's Patent No. 5,700,637 but did say there was infringement under the "doctrine of equivalents." The Court has under consideration motions that if granted would eliminate the finding of infringement under the "doctrine of equivalents." "The most significant news today is the position taken by the Court on the validity of our license," said Vern Norviel, Senior Vice President and General Counsel of Affymetrix. "We will now proceed to challenge the validity of the patent as well as other issues including patent misuse, fraud, and anti-trust violations arising from OGT's relationship with certain Affymetrix competitors." Norviel said that the next phase of the trial will consider Affymetrix' assertion that the OGT patent is invalid and unenforceable. Depending on the outcome of this second phase, the question of damages may be considered; however, there will be no triple damages or attorney's fees awarded. "It is important to note that because the jury found Affymetrix' actions were not willful and the Court held Affymetrix holds a valid license, any potential financial exposure is substantially reduced," Norviel said. "On the other hand, if the patent is found invalid or unenforceable, Affymetrix may be relieved of obligations to pay royalties to OGT." 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(R) 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 affymetrix.com . 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