ffymetrix
and Oxford Gene Technology have settled all their
litigation concerning patents on the gene chip, one of the
fundamental inventions in biotechnology, the companies said.
Terms of the settlement were not disclosed in the
announcement of the accord late Friday. But Affymetrix is
expected to make a filing with the Securities and Exchange
Commission today indicating that it is taking a one-time charge
to earnings, an executive said.
Gene chips, also called DNA chips or microarrays, are pieces
of glass or other material containing thousands of genes or gene
fragments. The chips are widely used to test which genes are
active in a particular cell. For instance, determining which
genes are turned on in tumor cells but not in healthy cells
could provide valuable clues to how cancer arises.
Affymetrix has dominated the gene chip business, helped in
part by a strong patent portfolio. But it is facing new
competition from companies like Motorola
, Corning
and Agilent Technologies
, the spinoff from the Hewlett-Packard Company
.
Oxford, a tiny British company, also claims some fundamental
patents based on the work of Edwin Southern, an Oxford
University professor who is the company's majority owner. While
Oxford does not yet sell its own gene chips, it has licensed its
technology to Agilent and to Incyte Genomics
. Oxford and Affymetrix have been battling each other in courts
in the United States and Europe.
In November, a jury in a Delaware federal court ruled that
Affymetrix had infringed an Oxford patent. It was reported at
the time that Oxford was seeking $40 million in damages.
But shortly before that verdict, Affymetrix had won a ruling
in a separate case in Britain saying it had legally acquired
rights to Oxford's patents in 1999 by buying a business that had
a license to those patents.
Under the settlement announced Friday, the Delaware case will
be dropped. Oxford will also give up its appeal of the British
decision, effectively giving Affymetrix the rights to use Oxford
patents. Both companies also will drop efforts to invalidate the
other's patents.
The companies said that it was best to put the litigation
behind them to concentrate on their businesses. Oxford has said
it wanted to break up what it has described as Affymetrix's
patent stranglehold on the gene chip business, which Oxford
claims has kept prices high for the chips and limited their use.
But it is not clear what effect this settlement will have on
the gene chip business. Andrew W. Millar, head of operations at
Oxford, declined to comment. In a statement, Professor Southern
said, "It is essential for genomic research that these
matters have been resolved and that O.G.T. can concentrate on
its main objectives of developing its own technology and
business and licensing others to do the same."