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Exhibit 99.1
FOR IMMEDIATE RELEASE
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Contact: AFFYMETRIX, INC.
Edward M. Hurwitz Anne Bowdidge
Vice President and Director of Investor Relations
Chief Financial Officer (408) 731-5925
(408) 731-5000
U.K. COURT OF APPEAL RULES AFFYMETRIX OWNS OGT PATENT LICENSE
SANTA CLARA, Calif., Nov. 2 -- Affymetrix, Inc. (Nasdaq: AFFX) said that the
U.K. Court of Appeal unanimously held today that Affymetrix' purchase of the
Beckman Coulter microarray business transferred a license to the "Southern
Patents." The decision reversed an April 2000 finding of the U.K. High Court in
litigation brought against Affymetrix by Oxford Gene Technology Limited (OGT).
Specifically, Lord Justice Aldous, who delivered the leading judgment, concluded
"Affymetrix has a license as a result of the purchase of the business of
Beckman."
Vern Norviel, Senior Vice President and General Counsel of Affymetrix,
commented, "We welcome the decision by the Court of Appeal and will continue
our mission of providing GeneChip-Registered Trademark- products and other
enabling genetic analysis tools to scientists working to understand the human
genome and help cure disease."
"In light of this decision, Affymetrix now looks forward to a determination in
the U.S. District Court in Delaware that its current products are not covered by
any valid OGT claim, in which case Affymetrix may no longer need to pay
royalties to OGT," said Phil McGarrigle, Chief Intellectual Property Counsel of
Affymetrix. "Furthermore, our freedom to operate under OGT's patents is now
clear and unequivocal, if we should need it."
Affymetrix is a leader in developing and commercializing systems to acquire,
analyze and manage complex genetic information in order to improve the quality
of life. The Company's GeneChip system consists of disposable DNA probe arrays
containing gene sequences on a chip, reagents for use with the probe arrays, a
scanner, and other instruments to process the probe arrays and software to
analyze and manage genetic information. The Company's spotted array system
enables individual researchers to create and analyze custom microarrays on an
easy-to-use, cost efficient platform. Additional information on Affymetrix and
GeneChip technology can be found at www.affymetrix.com.
All statements in this press release that are not historical are
"forward-looking statements" within the meaning of Section 21E of the Securities
Exchange Act as amended, including statements regarding Affymetrix'
"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 Affymetrix 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 Affymetrix 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 Affymetrix' 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. Affymetrix 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 Affymetrix'
expectations with regard thereto or any change in events, conditions, or
circumstances on which any such statements are based. Affymetrix, GeneChip and
the Affymetrix logo are registered trademarks used by Affymetrix, Inc.
