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Agilent Patent Has Priority Over Affymetrix: Fed. Circ.

Law360 (June 4, 2009, 12:00 AM EDT) -- Perseverance has paid off for Agilent Technologies Inc., as a federal appeals court has ruled that the lower court erred in its claim construction and wrongly credited Affymetrix Inc. with invention of Agilent's method of mixing fluid samples for genetic analyses.

On Thursday, Judges Haldane Mayer, Randall Rader and Richard Posner of the U.S. Court of Appeals for the Federal Circuit determined that the district court’s claim construction was not grounded in the right disclosure, leading the court to improperly affirm priority for Affymetrix over Agilent’s...
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