Illumina will appeal $16.7M Affymetrix patent award

San Diego, USA-based Illumina says that a federal jury in Wilmington, Delaware, found that it had infringed the five patents asserted by Affymetrix and ordered Illumina to pay around $16.7 million in damages to Affymetrix for sales its through the end of 2005.

Jay Flatley, Illumina's chief executive, stated: "we disagree with, and plan to appeal, the present finding of infringement in this law suit, and note that this finding was made without consideration of the validity and enforceability of any of the patents asserted by Affymetrix. That infringement finding is therefore preliminary. With respect to damages, Illumina notes that the jury rejected Affymetrix' request for lost profits, and awarded less than half of the total damages sought by Affymetrix in this trial."

He added: "the case will now proceed to the next phases during which we will have the opportunity to demonstrate that the jury's infringement verdict should not stand because these claims are invalid and unenforceable. In the meantime, we will continue to sell the products that are the subject of this suit and no damages will be payable to Affymetrix until all appropriate appeals have been taken."