UPDATE 1-Agilent wins patent fight with Affymetrix

Thu Jun 4, 2009 12:12pm EDT
 
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WASHINGTON, June 4 (Reuters) - A U.S. patent appeals court ruled on Thursday in favor of Agilent Technologies (A.N), which had been involved in a patent fight with Affymetrix Inc (AFFX.O).

The dispute was over "microarray hybridization," a way of labeling samples on a gene chip -- a technology that allows scientists to analyze millions of genetic samples at once using a small plate.

A patent appeals board had ruled in favor of Affymetrix, as did the U.S. District Court for the Northern District of California.

But the U.S. Court of Appeals for the Federal Circuit, which hears patent appeals, ruled that the lower court had made a series of mistakes, and reversed the California court's decision.

The appeals court also said that each side would bear its own costs.

Affymetrix is the leader in gene chip technology.

"The disputed invention focuses primarily upon the method of mixing the fluid for thorough contact with the microarray surface," the ruling said.

The case is: Agilent Technologies, Inc, plaintiff-appellant v. Affymetrix, Inc, defendant-appellee, No. 06-CV-05958. (Reporting by Maggie Fox and Diane Bartz, editing by Leslie Gevirtz)

 

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