By Justin Petrone

A five-year-old IP dispute between Agilent Technologies and Affymetrix is headed back to the US Patent Trademark Office following a successful appeal from Agilent, according to court documents obtained by BioArray News.

The US District Court for the District of Northern California on Jan. 28 reversed a 2008 decision by the USPTO's Board of Appeals and Interferences that had reaffirmed a ruling supporting Affymetrix in a patent interference proceeding between the two firms.

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