Incyte Genomics files two patent infringement suits

Incyte Genomics Inc. (Palo Alto, CA) has filed patent infringements suits against Gene Logic and Affymetrix. The suit against Gene Logic alleges infringement of U.S. Patent Number 6,023,659, which relates to Incyte's proprietary database systems, which are based on gene function, while the suit against Affymetrix alleges infringement of U.S. Patent Numbers 5,716,785 and 5,891,636, which cover technologies used in the creation of gene expression data.

The '659 patent, which is at issue in the suit against Gene Logic, covers a database system for storing biomolecular sequence information in a manner that allows sequences to be catalogued and searched according to one or more protein function hierarchies. The hierarchies allow searches for sequences based upon a protein's biological function or molecular function.

The technology covered by this patent allows scientists to more quickly identify the genes and gene products that may be useful as therapeutic or diagnostic tools. The system was invented by Incyte scientists.

Of the suit against Gene Logic, Lee Bendekgy, general counsel for Incyte said, "As the pioneer of the genomic information business, Incyte has invented many enabling technologies. The technology covered by this patent is fundamental to our genomic databases. Incyte recently learned that Gene Logic is using this intellectual property in its gene expression databases. Therefore, we feel it necessary to protect this intellectual property."

At issue in the suit against Affymetrix is technology invented by James H. Eberwine, Russell N. Van Gelder, Mark E. Von Zastrow, and Jack D. Barchas, licensed exclusively to Incyte by Layton Bioscience, according to Incyte. These patents cover a fundamental non-PCR based RNA amplification technology, which enables researchers to increase RNA sample size from cellular mRNA for use in microarray-based gene expression analysis.

"It is unfortunate that Affymetrix has chosen to use, and to induce its customers to use, this fundamental intellectual property without a license," said Bendekgey. "Under these circumstances, Incyte has no choice but to take steps to protect its rights, and the rights of its licensors regarding this intellectual property."

Incyte Genomics Inc. is a provider of an integrated platform of genomic technologies designed to aid in the understanding of the molecular basis of disease. Incyte develops and markets genomic databases and partnership programs, genomic data management software, microarray-based gene expression services, related reagents, and services to assist pharmaceutical and biotechnology researchers with all phases of drug discovery.

For more information: Incyte Genomics Inc., 3160 Porter Dr., Palo Alto, CA 94304. Tel: 650-855-0555. Fax: 650-855-0572.

Edited by Laura DeFrancesco
Managing Editor, Bioresearch Online