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USPTO to Re-examine Two More Patents in Affymetrix, Illumina Litigation

NEW YORK (GenomeWeb News) – Illumina said this afternoon that the US Patent and Trademark Office will re-examine two more patents that are part of an intellectual property infringement suit filed by Affymetrix against Illumina.
Illumina said the USPTO will re-examine patents No. 5,545,531, entitled “Methods for making a device for concurrently processing multiple biological chip assay,” and No. 5,795,716, entitled “Computer-aided visualization and analysis system for sequence evaluation.” The first patent was initially assigned to Affymax, which spun out Affymetrix, while the second patent is assigned to Mark Chee.
Both patents are part of Affy’s patent infringement suit filed against Illumina in July 2004 in the US District Court for the District of Delaware.
These patents join two other patents at the heart of Affymetrix’s lawsuit that the USPTO had already decided to re-examine, which Illumina announced earlier today.

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