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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): August 21, 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.
Affymetrix, Inc. (the "Company") issued a press release on August 21, 2000
responding to the announcement by Incyte Genomics, Inc. ("Incyte") that Incyte
has filed suit in the U.S. District Court for the Northern District of
California alleging infringement of U.S. Patent Nos. 5,716,785 and 5,891,636.
The Company stated that the subject patents claim a specific sample
preparation technique and have been issued only in the United States. The
Company also stated that it believes that based on prior art, some of which was
developed by a Company scientist, it has strong defenses to the claims and will
defend against the lawsuit vigorously. The Company's press release responding to
Incyte's announcement is filed as Exhibit 99.1 hereto and is incorporated by
reference herein.
All statements in this 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, 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 Quarterly Report on Form 10-Q for the quarter
ended June 30, 2000. 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
The following exhibit is filed herewith:
Exhibit Number Description
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99.1 Press Release
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: August 21, 2000
EXHIBIT INDEX
Exhibit
Number Description
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99.1 Press Release
