4500707

Affymetrix sought a declaration of unenforceability for inequitable conduct, alleging that UPI/Competitive Technologies failed to disclose the Caruthers & Matteucci 1980 Tetrahedron Letters article during prosecution of the '066 and '679 patents. The court denied defendants' Rule 12(b)(6) motion to dismiss and allowed a patent misuse theory concerning the '679 patent. The '066 patent expired 2001-07-03.

BioCentury reported that PE Biosystems sued Affymetrix in the U.S. District Court for the District of Delaware, alleging infringement of US 4,458,066; 4,500,707; 5,132,418; 5,153,319; and 4,973,679. The case number and outcome were not confirmed.

Infringement action by Applera Corporation and Competitive Technologies, Inc. against Affymetrix, Inc. asserting the Caruthers patents, including US 5,153,319. The case was dismissed on September 27, 2001 for lack of subject matter jurisdiction after Affymetrix filed its own action in S.D.N.Y.

Millipore Corp., later joined by Biosyntech GmbH, filed a declaratory-judgment action against University Patents, Inc. in the District of Delaware arising from UPI's assertion/licensing of its oligonucleotide-synthesis patent portfolio, including U.S. 4,458,066 and U.S. 4,500,707. UPI moved to dismiss for lack of subject-matter jurisdiction; the motion was addressed, but the underlying merits were not confirmed.