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The United States Patent and Trademark Office Orders The Re-Examination of Two Additional Patents Included in the Patent Litigation Between Illumina and Affymetrix
Publish Date : 12/22/2007 5:03:00 AM Source : American Local News Onlypunjab.com
Illumina, Inc. (NASDAQ:ILMN) announced today that the United States Patent and Trademark office has ordered the re-examination of U.S. Patent Nos. 5,545,531 and 5,795,716. The serial numbers for the re-examinations are 90/008,888 and 90/008,886, respectively. They were assigned the same filing date of November 27, 2007. The 5,545,531 and 5,795,716 patents are two of five patents currently the subject of the infringement suit Affymetrix, Inc. filed against Illumina on July 26, 2004 in U.S. District Court for the District of Delaware under Civil Action No. 04-901-JJF. The ordered re-examination of the ‘531 and ‘716 patents is in addition to the re-examination of the ‘432 and ‘243 patents ordered by the USPTO yesterday and announced by the Company this morning.
In its request for re-examination of the ‘531, ‘716, ‘432 and ‘243 patents Illumina has also asked the Patent Office to re-examine U.S. Patent No. 6,399,365. The Company is awaiting a determination as to the acceptance of this request. Any person may at any time request that the U.S. Patent Office re-examine a patent on the basis of prior art. The request for re-examination must explain the relevance of the prior art being brought to the attention of the Patent Office, and the manner of applying the cited prior art to every claim for which reexamination is requested. As with the ‘432 and ‘243 patents, Illumina requested re-examination of all of the patent claims in the ‘531 and ‘716 patents. Once, as in this case, the Patent Office has found that the cited prior art raises a substantial new question of patentability, the duration of the re-examination process is typically one year.
Detailed information about these re-examinations can be found on the U.S. Patent Office website which can be accessed at http://portal.uspto.gov/external/portal/pair.
“We are pleased to hear that the U.S. Patent Office has decided to re-examine the validity of these additional two patents. We expect the Patent Office to consider closely the applicability of the prior art in their evaluation of whether these patents should be amended or invalidated in their entirety,” said Jay Flatley, President and Chief Executive Officer of Illumina.
About Illumina
Illumina is a leading developer, manufacturer and marketer of next-generation life science tools and integrated systems for the large scale analysis of genetic variation and biological function. Using our proprietary technologies, we provide a comprehensive line of products and services that currently serve the sequencing, genotyping, and gene expression markets, and we expect to enter the market for molecular diagnostics. Our customers include leading genomic research centers, pharmaceutical companies, academic institutions, clinical research organizations and biotechnology companies. Our tools provide researchers around the world with the performance, throughput, cost effectiveness and flexibility necessary to perform the billions of genetic tests needed to extract valuable medical information from advances in genomics and proteomics. We believe this information will enable researchers to correlate genetic variation and biological function, which will enhance drug discovery and clinical research, allow diseases to be detected earlier and permit better choices of drugs for individual patients.
"Safe Harbor" Statement under the Private Securities Litigation Reform Act of 1995: this release may contain forward-looking statements that involve risks and uncertainties. Among the important factors that could cause actual results to differ materially from those in any forward-looking statements are the costs and outcome of Illumina's litigation with Affymetrix and our ability (i) to integrate effectively our recent acquisition of Solexa, Inc., (ii) to develop and commercialize further our BeadArrayTM, VeraCodeTM and Solexa® technologies and to deploy new gene expression and genotyping products and applications for our technology platforms, (iii) to manufacture robust micro arrays and Oligator® oligonucleotides, (iv) to integrate and scale our VeraCode technology, (v) to scale further oligo synthesis output and technology to satisfy market demand derived from our collaboration with Invitrogen, together with other factors detailed in our filings with the Securities and Exchange Commission including our recent filings on Forms 10-K and 10-Q or in information disclosed in public conference calls, the date and time of which are released beforehand. We disclaim any intent or obligation to update these forward-looking statements beyond the date of this release. |
US Muslim group protests Modi visit
Publish Date : 2/25/2005 10:04:00 AM
An American Muslim group has urged the Bush administration not to allow Gujarat Chief Minister Narendra Modi to visit the US because he was allegedly identified ....
US religious coalition protests Modi's visit
Publish Date : 2/25/2005 10:01:00 AM
A coalition of American and Indian American religious leaders and rights activists has demanded that Gujarat Chief Minister Narendra Modi be stopped from entering the US....
'US contribution to Arab science to regain trust'
Publish Date : 2/24/2005 9:39:00 AM
The US should offer "matching funds" to oil-rich Arab states prepared to increase investment in building capacity in science and technology, a leading American Arab scientist has said.
Iraq's 'Garden of Eden' reviving
Publish Date : 2/24/2005 9:34:00 AM
The Mesopotamian marshlands of southern Iraq, believed to be home to the "Garden of Eden", are showing renewed signs of life after serious damage dealt to them ....
Campaign funds from Indian American returned
Publish Date : 1/29/2005 12:45:00 PM
A US Congressman has announced he is returning some of the campaign money received from an Indian American supporter after reports that the source of the funds could not be authenticated.
Police becoming sensitive to non-Christian faiths
Publish Date : 1/29/2005 10:56:00 AM
Police here are becoming more sensitive to those who follow non-Christian faiths after a special training on the religious practices of different faiths.
Man arrested for US train collision
Publish Date : 1/28/2005 12:43:00 PM
A 25-year-old man has been arrested for causing Wednesday's commuter train collision that killed at least 10 people near downtown Los Angeles.
Alive after being declared dead!
Publish Date : 1/28/2005 12:32:00 PM
A North Carolina man declared dead after he was hit by a car was pronounced alive two hours later when a medical examiner spotted him breathing in a morgue, reports UPI.
Jindal introduces first bill on Hill
Publish Date : 1/28/2005 10:17:00 AM
US Congressman Bobby Jindal introduced his first bill early in the 109th Congress, keeping a promise he had made to his constituency and signalling that he is already building ....
Bush talks democracy, but doesn't act
Publish Date : 1/27/2005 10:25:00 AM
US President George W. Bush spoke forcefully from the Capitol steps of a global crusade, though he carefully avoided that incendiary word, to spread liberty around the world.
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