Incyte/Affymax dispute narrows

Although recent rulings in Affymetrix Inc.'s 1998 patent infringement litigation against Incyte Genomics Inc. tend to favor INCY, the court has left on the table the claims of one AFFX patent that potentially cover INCY's marketed cDNA array products. Thus investors may not know the outcome for a year or more.

Most recently, the U.S. District Court for the Northern District of California held that claims in AFFX's U.S Patent No. 5,800,992, which covers two-color hybridization assays for gene expression analysis, are invalid(see B7). ...