NEW YORK (GenomeWeb News) – Illumina has filed a lawsuit against Affymetrix alleging that a variety of its GeneChip products infringe a patent that was issued to Illumina today.
The suit, filed in the US District Court for the Western District of Wisconsin, alleges that the sale of several Affymetrix products infringes US Patent No. 7,612,020, titled "Composite Arrays Utilizing Microspheres With a Hybridization Chamber." Among the Affymetrix products that Illumina claims violates its patent are Affy's GeneTitan and GeneAtlas instruments, along with array plate sets and scanners.
According to the suit, Illumina believes Affy's alleged infringement has been "willful and deliberate".
It has asked the court to declare that Affy is infringing its patent, and it is seeking a permanent injunction on the sale of the Affy products listed in the suit. In addition, illumina is seeking treble damages for willful infringement.