AFFX just notched up the heat in its patent dispute today (story follows). Perhaps knowledge of this injuction led to weakening INCY share price? Just how serious is this; I know of some industry folks that think AFFX's patent claims are unfairly broad and could be beaten in court but this is "maybe". FWIW AFFX's chart sucks too...
Ed
========
Affymetrix Issued U.S. Patent Covering Gene
Expression Monitoring
PR Newswire - September 01, 1998 13:31
Jump to first matched term
Preliminary Injunction Motion Filed Against Incyte/Synteni
SANTA CLARA, Calif., Sept. 1 /PRNewswire/ -- Affymetrix, Inc. (Nasdaq:
AFFX) announced today that the U.S. Patent and Trademark Office issued U.S.
Patent No. 5,800,992 (the '992 Patent) entitled "A Method of Detecting Nucleic
Acids" to Affymetrix. Affymetrix has added the '992 Patent as well as U.S. Patent
No. 5,744,305 to its lawsuit against Incyte Pharmaceuticals, Inc. (Nasdaq: INCY)
and Synteni, Inc. Because of the unique facts surrounding the issuance of the '992
Patent, Affymetrix took the unusual step of filing a motion for a preliminary
injunction to ask the Court to immediately stop Incyte/Synteni from making, using
and selling products that use Affymetrix' technology.
Affymetrix filed for a preliminary injunction after discovering that the claims of the
'992 Patent had previously been sought by Synteni inventors. The U.S. Patent
Office awarded this key patent to Affymetrix instead of Synteni after recognizing that
Affymetrix filed for patent protection more than 4 years earlier than Synteni.
"This patent provides key technology used with spotted arrays for genetic analyses
such as expression monitoring," said Dr. Stephen P.A. Fodor, President and Chief
Executive Officer of Affymetrix. "In light of the licensing program we have initiated,
and the licenses we have already signed to allow others to have freedom to operate in
the spotted DNA array field, it is unfortunate that Incyte has chosen to ignore
Affymetrix' rights."
"Affymetrix filed this lawsuit and preliminary injunction today after thwarting
Synteni's attempt to obtain a key patent in the DNA array field," commented Vern
Norviel, Senior Vice President and General Counsel of Affymetrix. "Through our
preliminary injunction motion we hope the court will provide a prompt legal
resolution to this dispute."
The '992 Patent relates to the use of different labels for genetic analyses, including
monitoring differential expression of genes from different sources. The technology
has found wide application in the DNA array field, and is essential for the "spotted"
arrays made by Incyte/Synteni. The technique involves labeling separate samples
with different tags, mixing and hybridizing these samples to a DNA array, and
detecting and converting the signal into differential gene expression information.
Affymetrix (via its predecessor, Affymax) filed patents on the technology in 1990.
In addition to filing suit against Incyte/Synteni, a claim of infringement of the '992
Patent is being added to Affymetrix' on-going lawsuit against Hyseq, Inc. (Nasdaq:
HYSQ).
Affymetrix has developed and intends to establish its GeneChip(R) system as the
platform of choice for acquiring, analyzing and managing complex genetic
information in order to improve the diagnosis, monitoring and treatment of disease.
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. 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. 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, and market acceptance, 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. These and other risk factors are discussed in
Affymetrix' Form 10-K Report for the year ended December 31, 1997 and in
Affymetrix' Form 10-Q Report for the quarter ending June 30, 1998. 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, Manager of Investor Relations, 408-731-5925,
both of Affymetrix, Inc.; or investors, Lisa Burns or Jonathon M. Nugent, or
media, Justin Jackson, all of Burns McClellan, 212-213-0006, for Affymetrix/ |
