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

To: Steve Tauscher who wrote (921)	3/21/1999 3:57:00 PM
From: LLCF	Read Replies (2) \| Respond to of 3202

< AFFX sued INCY in January 1998 > Oh yes... I also think that a big worry hanging over the whole group is whether what INCY patents from it's work will hold up... ie. simply discovering something. INCY supposedly is going this whole genome thing for a reason... the stuff they patent supposedly has value, and I know people are questioning that. DAK

To: Steve Tauscher who wrote (921)	3/22/1999 1:00:00 AM
From: RCMac	Read Replies (1) \| Respond to of 3202

Steve, The AFFX v. INCY suit is about more than the patent issue, I understand from Murphy's newsletter, which I paraphrased on the point in an earlier post: Message 7735800 This sounds to me more like some sort of claim of theft of trade secrets. Such a claim could be based on essentially the same basic facts - use by INCY/Synteni of a process owned by AFFX - as a patent claim, but would not depend on the validity of any patent. Instead, AFFX would probably need to prove that such a theft took place, and that INCY was using the stolen intellectual property. If I am reading Murphy's fragmentary report correctly, the injunction (at least as based on this part of the lawsuit) would be against INCY's continued use of the "stolen" IP, which Murphy says is worth about 6% of INCY's business. I don't know how much this helps. I will try to phone INCY's in-house lawyers sometime this week, to see if I can learn more about the lawsuit. -- RCM