Affymetrix and Illumina Settle Their Patent Disputes
Data from SANTA CLARA and SAN DIEGO, California - January 10, 2008
Affymetrix, Inc.(NASDAQ: AFFX) and Illumina, Inc. (NASDAQ: ILMN) announced today that they have entered into a settlement agreement to resolve their patent litigation. Under the terms of the settlement, Illumina agreed, without admitting liability, to make a one-time payment to Affymetrix of $90 million. Affymetrix agreed to dismiss with prejudice all lawsuits it had brought against Illumina. Illumina agreed to dismiss with prejudice its counterclaims in the relevant lawsuits. In exchange for the payment, Affymetrix granted Illumina, its affiliates and its customers a perpetual covenant not to sue for making, using or selling any of Illumina's current products, evolutions of those products and services related thereto. In addition, Affymetrix extended the covenant not to sue for four years for making, using or selling Illumina products or services that are based on future technology developments. The covenant not to sue covers all fields other than photolithography, the process by which Affymetrix manufactures its arrays and a field in which Illumina does not operate.
The settlement will resolve all litigations and payments resulting from lawsuits Affymetrix commenced against Illumina in United States District Court for the District of Delaware, in Regional Court in Düsseldorf (Germany), and in High Court of Justice, Chancery Division - Patents Court in London (United Kingdom). Payment of the settlement amount will be made once the litigations have been formally dismissed by the courts.
