The U.S. Patent and Trademark Office has kicked a major patent dispute between Affymetrix Inc. and Incyte Pharmaceuticals Inc. back to California's Northern District Court. A PTO board ruled that Inctye had failed to provide sufficient evidence that Affymetrix's claims for its GeneChip patents were not supported by a written description. The decision is significant for the biochip maker: A patent on technology to analyze tens of thousands of genes on a single chip would be hugely profitable for Affymetrix.
September 14, 1999 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The U.S. Patent and Trademark Office has kicked a major patent dispute between Affymetrix Inc. and Incyte Pharmaceuticals Inc. back to the Northern District Court of California.
The PTO’s Board of Patent Appeals and Interferences ruled that Palo Alto-based Inctye had failed to provide sufficient evidence that Affymetrix’s claims for its GeneChip patents were not supported by a written description.
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