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EXHIBIT 99.1
FOR IMMEDIATE RELEASE
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Contact: Affymetrix, Inc.
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Edward M. Hurwitz Anne Bowdidge
Vice President and Director of Investor Relations
Chief Financial Officer (408) 731-5925
(408) 731-5000
Affymetrix Responds to Incyte Genomics Lawsuit
SANTA CLARA, Calif., Aug. 21 -- Affymetrix, Inc. (Nasdaq: AFFX - NEWS) today
responded to the announcement by Incyte Genomics, Inc. (Nasdaq: INCY - NEWS)
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.
Affymetrix said that the patents claim a specific sample preparation technique
and have been issued only in the United States. Affymetrix believes that based
on prior art, some of which was developed by an Affymetrix scientist, it has
strong defenses to the claims and will defend against the lawsuit vigorously.
Affymetrix also noted that alternative sample preparation techniques are
available, some of which are proprietary to Affymetrix.
"This lawsuit comes as no surprise because Incyte has been threatening us and
our customers with these patents for some time. Given the prior art, we believe
that a court will appreciate that the patent claims are not valid or are not
infringed. In addition, we believe there are other non-infringing sample
preparation alternatives available," stated Vern Norviel, Senior Vice President
and General Counsel.
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-Registered Trademark- 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, 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' Form 10- K for the year ended
December 31, 1999 and Affymetrix' 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.
NOTE: Affymetrix, GeneChip and the Affymetrix logo are registered trademarks
used by Affymetrix, Inc.
