This update corrects the fact that Agilent has asked the court to review a USPTO decision, not that it has sued Affymetrix for patent infringement.
NEW YORK (GenomeWeb News) — Agilent Technologies last week asked a court to review a US Patent and Trademark Office decision that found that an Affymetrix patent application does not interfere with an existing Agilent patent.
Agilent’s request, filed in US District Court for the Northern District of Northern California Sept. 26 and obtained by GenomeWeb News, alleges that an Affy patent application is identical to a 3-year-old Agilent patent.
Agilent claims that the inventors of Affy’s US Patent Application No. 10/619,224 filed their claims "literally copying" the language of Agilent’s US Patent No. 6, 513, 968.
Agilent’s patent, entitled "Apparatus and method for mixing a film of fluid," was assigned in February 2003.
After Affy filed its application with the USPTO Agilent contested its claims. But according to a June 28 ruling the USPTO found that Affy's claims are indeed patentable, and proceeded to cancel two of Agilent’s claims from its '968 patent.
In its motion, Agilent has asked the court to reverse the USPTO’s decision that certain claims in Affy's patent application are patentable. Agilent is also seeking "other and further relief as the court sees just and proper.”