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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
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Date of Report (Date of earliest event reported): November 28, 2000
AFFYMETRIX, INC.
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(Exact name of registrant as specified in its charter)
DELAWARE 0-28218 77-0319159
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(State of (Commission File Number) (IRS Employer
incorporation) Identification No.)
3380 Central Expressway, Santa Clara, California 95051
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(Address of principal executive offices) (Zip Code)
(408) 731-5000
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(Registrant's telephone number,
including area code)
N/A
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(Former name or former address, if changed since last report)
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Items 1-4.
Not Applicable.
Item 5. OTHER EVENTS.
On November 28, 2000, the United States District Court for the District of
Delaware held a scheduling conference in Oxford Gene Technology Limited's
("OGT") patent infringement case against Affymetrix, Inc. (the "Company"). The
scheduling conference was held in connection with the Company's motions for
judgement as matter of law ("JMOL") that were made in the first phase of the
trial which resulted in the jury's November 10, 2000 verdict that the Company
infringed OGT's U.S. Patent No. 5,700,637 under the "doctrine of equivalents."
The court scheduled the due date for the opening briefs on the JMOL motions for
January 15, 2001. Opposition briefs are due on February 15, 2001 and reply
briefs are due on March 8, 2001. The court indicated that oral arguments on the
JMOL motions will be held in late March 2001. If granted, the Company's JMOL
motions would eliminate the jury's verdict of infringement under the "doctrine
of equivalents." The Delaware court has previously indicated that, if necessary,
issues relating to the Company's defenses and damages will be heard at a future
date to be determined by the court.
All statements in this current report that are not historical are
"forward-looking statements" within the meaning of Section 21E of the Securities
Exchange Act as amended, including statements regarding the Company's
"expectations," "beliefs," "hopes," "intentions," "strategies" or the like. Such
statements are subject to risks and uncertainties that could cause actual
results to differ materially for the Company from those projected, including,
but not limited to, uncertainties relating to technological approaches, product
development, manufacturing, market acceptance, personnel retention, equity
dilution, uncertainties related to the ability to realize benefits from
acquisitions, uncertainties related to cost and pricing of the Company's
products, dependence on collaborative partners, uncertainties relating to sole
source suppliers, uncertainties relating to FDA and other regulatory approvals,
competition, risks relating to intellectual property of others and the
uncertainties of patent protection and litigation. These and other risk factors
are discussed in the Company's Annual Report on Form 10-K for the year ended
December 31, 1999 and other SEC reports, including its Quarterly Reports on Form
10-Q for subsequent quarterly periods. The Company expressly disclaims any
obligation or undertaking to release publicly any updates or revisions to any
forward-looking statements contained herein to reflect any change in the
Company's expectations with regard thereto or any change in events, conditions,
or circumstances on which any such statements are based.
Item 6. RESIGNATIONS OF REGISTRANT'S DIRECTORS.
Not Applicable.
Item 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS.
(a) Not Applicable.
(b) Not Applicable.
(c) Exhibits
Item 8. CHANGE IN FISCAL YEAR.
Not Applicable.
Item 9. SALES OF EQUITY SECURITIES PURSUANT TO REGULATION S.
Not Applicable.
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
AFFYMETRIX, INC.
By: /s/ VERN NORVIEL
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Name: Vern Norviel
Title: Senior Vice President, General
Counsel and Secretary
Date: November 30, 2000
