5800992

Affymetrix alleged willful infringement of the '934 patent based on Synteni/Incyte's high-density GEM arrays, seeking injunctive relief, damages, treble damages, costs, and attorney fees. The case was transferred to the Northern District of California and later encompassed related array patents. The parties settled on December 21, 2001, with non-exclusive, royalty-bearing cross-licenses and a net cash payment to Incyte.

Affymetrix sued Hyseq in the Northern District of California, initially asserting US 5,744,305 and US 5,795,716; the complaint was amended on September 1, 1998 to add US 5,800,992 claims 1 and 3. The case proceeded through Markman claim construction, but the narrative could not confirm a final judgment or settlement.