Oxford Gene Technology Files Patent Suits Against Affymetrix

Oxford Gene Technology Ltd. (Oxford, England) has filed law suits in the UK and US against Affymetrix (Santa Clara, CA) alleging infringement of European Patent 0-373-203 entitled "Analysing Polynucleotide Sequences," and US Patent 5,700,637 entitled "Apparatus and Method for Analysing Polynucleotide Sequences and Method of Generating Oligonucleotide Arrays." These fundamental DNA microarray patents, based on earlier research by Ed Southern, professor of biochemistry at the University of Oxford, were filed in 1989.

OGT believes that Affymetrix has been knowingly infringing its US Patent since the patent issue in December 1997, and that it is also now making substantial sales in Europe, where OGT also has broad patent protection. OGT is seeking substantial compensation for what it believes are at least 17 months of infringing sales, which are still continuing.

Affymetrix has been relying on a consortium clause in OGT's 1996 license agreement with Beckman Coulter in its claim to have obtained access to OGT's patents. OGT does not believe it is obliged to grant a licence to Affymetrix under this agreement and is seeking a declaration against Affymetrix and Beckman in the UK.

OGT has indicated that it is prepared to grant Affymetrix a license under terms satisfactory to OGT, but believes Affymetrix has been trying to use a legal device to obtain better terms.

Oxford Gene Technology Ltd. is a UK-based company set up to exploit the DNA microarray patents of Professor Southern.

For more information: Ed Southern, Department of Biochemistry, University of Oxford, South Parks Rd., Oxford OX1 3QU, UK. Tel: +44 1865-75282. Email: ems@bioch.ox.ac.uk.