Affymetrix Wins Patent Ruling

Affymetrix Inc., which makes instruments that analyze genetic information, won a court ruling Thursday in its contention that it owns a patent at issue in its lawsuit against rival Illumina Inc.

U.S. District Judge Joseph Farnan in Wilmington, Del., agreed with Affymetrix and he rejected Illumina’s bid to have the patent removed from the case. The patent covers a computer system for analyzing nucleic acid sequences.

It’s one of six patents that Santa Clara, Calif.-based Affymetrix claims Illumina infringes. San Diego-based Illumina has filed court papers challenging other patents in the case. The judge also issued a separate ruling deciding how to interpret certain terms in the patents.

The judge’s ruling, which sided with Affymetrix on most issues, doesn’t end the case. Instead, the interpretations establish a baseline for arguments on whether the patents are valid or infringed.

Affymetrix filed the suit in 2004 against Illumina. Affymetrix spokesman Wes Conard had no comment on the ruling. Illumina executives didn’t return messages seeking comment.