NEW YORK (GenomeWeb News) – Illumina has filed a lawsuit against Affymetrix alleging infringement its array technology.
The suit, filed yesterday in the US District Court for the Western District of Wisconsin, alleges that a variety of Affymetrix products infringe Illumina's US Patent No. 7,510,841, entitled, "Methods of Making and Using Composite Arrays for the Detection of a Plurality of Target Analytes." The patent was issued on March 31, 2009.
The Affy products named in the suit include the GeneChip HT RG-230 PM Array Plate, the GeneChip HT Array Plate Scanner, the GeneChip HT 3' IVT Express Kit, the GeneChip Array Station, and the GeneTitan Institute.
Illumina is seeking a judgment from the court that Affy has indirectly and directly infringed one or more of the claims of the '841 patent and that each of the claims of the patent are valid and enforceable. It also seeks a permanent injunction barring Affy from making and selling the named products, as well as a judgment that Affy has willfully infringed the '841 patent and should pay triple damages as a result.
In a filing with US Securities and Exchange Commission on Monday, Affy said that it believes Illumina's claims are without merit and that it will "vigorously defend against them."