Affymetrix Patents To Be Reexamined
The next phase of the trial is scheduled for February, but this decision will most likely delay it. According to Illumina, the patent reexamination process generally takes one year.
San Diego, CA 12/21/0—-Illumina has announced that the US Patent and Trademark Office (USPTO) will reexamine four of the five patents (US Patent Nos. 5,545,531; 5,795,716; 6,355,432 and 6,646,243) that are the subject of Affymetrix’s patent infringement suit against the company. In March, a jury ruled in favor of Affymetrix, finding that Illumina infringed or induced infringement of five patents, three of which (US Patent Nos. 5,795,716; 6,355,432 and 6,646,243) will be reexamined (see IBO 3/15/07). Illumina has requested the USPTO to reexamine all of the patent claims for each patent. Affymetrix issued no statement.
