A four-year-old patent-infringement suit brought by the Massachusetts Institute of Technology and E8 Pharmaceuticals against Affymetrix and its customer Navigenics is certain to carry on following a new legal move.

On Sept. 26, five days after a judge in the US District Court for the District of Massachusetts dismissed MIT and E8's claims in the case, as well as Affy and Navigenics' counterclaims, MIT and E8 appealed the decision to the US Court of Appeals for the Federal Circuit.

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