Illumina Sues Affymetrix

This is the second patent infringement suit that Illumina has filed against Affymetrix this year (see IBO 5/15/09). The previous suit also cited the GeneChip HT Array Plate and Array Plate Scanner as infringing products. Neither company issued a formal announcement about the latest suit.

Madison, WI 11/3/09—Life science research instrument company Illumina has filed suit against microarray provider Affymetrix in the US District Court for the Western District of Wisconsin. Illumina alleges infringement of US Patent No. 7,612,020 (Composite Array Utilizing Microspheres With a Hybridization Chamber) by Affymetrix’s Array Plate products, the GeneChip HT Array Plate Scanner, GeneChip HT 3’ IVT Express Kit, GeneChip Array Station, GeneTitan Instrument and GeneAtlas Instrument. Illumina seeks a permanent injunction and damages. The patent was issued on November 3. In its answer to the claim filed on November 24, Affymetrix denies the allegations, charges that the patent is invalid and seeks declaratory judgment.

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