Illumina Asks Fed. Circ. To Revive Affymetrix IP Suit

Law360, New York (August 04, 2011, 2:41 PM ET) -- Illumina Inc. on Thursday asked the Federal Circuit to overturn a decision letting genetic research company Affymetrix Inc. off the hook for claims that it infringed two patents covering gene-sequencing technology, saying terms in the patent claim language were misconstrued.

The Wisconsin federal court ruled in December that Affymetrix's accused products did not include substrate — or a material that can be modified to contain individual discrete sites appropriate for the attachment or association of beads — as required by the two patents' claims.

Illumina attorney...
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