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Patent Infringement Claim Filed over Use of Pioneering Genetic Analysis Technology
On July 1, 2008, E8 Pharmaceuticals LLC (E8) and the Massachusetts Institute of Technology (MIT) filed a patent infringement claim against Affymetrix, Inc. over its use, manufacture and sale of GeneChip® products that incorporate the pioneering genetic analysis technology claimed in U.S. Patent No. 6,703,228 (the ‘228 patent), “Methods and products Related to Genotyping and DNA Analysis.”
The complaint, filed in the U.S. District Court for the District of Massachusetts, alleges that Affymetrix is willfully infringing on the ‘228 patent despite a 2007 U.S. Patent decision in Interference No. 105,439 that the MIT inventors were the first to invent the claimed methods and were entitled to the patent. Plaintiffs seek judgment affirming infringement, as well as damages pursuant to 35 U.S.C. § 284.
Wiley Rein is representing plaintiffs in this case.