Internal Use License Agreement Amendment between Affymetrix, Inc. and Rosetta Inpharmatics, Inc.

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Summary

This agreement is between Affymetrix, Inc. and Rosetta Inpharmatics, Inc. It amends their existing Internal Use License Agreement, allowing Rosetta to increase the number of annual Array Based Experiments (ABEs) it can perform, effective August 1, 1999. In exchange, Rosetta will pay a higher annual license fee. The agreement confirms that Rosetta has not exceeded its previous usage limits and sets a new anniversary date for tracking ABEs. The license is for internal research use only and does not permit sublicensing or commercial distribution.

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EX-10.25 5 ex-10_25.txt EX10.25 EXHIBIT 10.25 ROSETTA INPHARMATICS ROSETTA TEL. 425 ###-###-#### 12040 115TH AVE NE FAX ###-###-#### KIRKLAND, WA 98034 INPHARMATICS ROSETTA.ORG July 31, 1999 VIA FEDERAL EXPRESS Mr. Vem Norviel Vice President and General Counsel Affymetrix, Inc. 3380 Central Expressway Santa Clara, CA 95051 Dear Mr. Norviel: In connection with paragraph 4.1 of the Internal Use License Agreement (the "Agreement") entered into between Affymetrix, Inc. ("Affymetrix"), and Rosetta Inpharmatics, Inc. ("Rosetta"), with an effective date of November 30, 1998, we are writing to inform you that effective August 1, 1999, Rosetta desires to increase the number of annual Array Based Experiments ("ABE's") available under the Agreement from [***]. Per paragraph 3.2 of the agreement, the step-up to the unlimited number of ABE's will increase the annual license fee from [***]. In connection with paragraph 5.1 of the agreement, we hereby confirm to you that Rosetta's ABE usage did not exceed the Maximum Annual ABE's allowed through the date of this letter. It is our understanding that upon Affymetrix's receipt of this letter a new anniversary date for purposes of tracking ABE's will be created and Rosetta will pay the new annual license fee of [***] pursuant to the provisions of paragraph 4.2 of the Agreement. Please contact me if you have questions. Best regards, Stephen H. Friend, M.D., Ph.D. President and Chief Scientific Officer *Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the SEC. INTERNAL USE LICENSE AGREEMENT Effective as of Nov. 30, 1998 (the "EFFECTIVE DATE"). Affyrnetrix. Inc., a Delaware corporation ("Affymetrix") and Rosetta Inpharmatics, Inc., a Delaware corporation ("Licensee") (each a "Party" and together "the Parties"), agree as follows: 1. DEFINITIONS. 1.1 "ABE," which stands for Array Based Experiment, means a single experiment involving hybridization of a labeled sample on a Nucleic Acid Array licensed hereunder and that is covered at the time and place of the experiment by one or more valid claims of a patent claim within the Licensed Patents. A "valid claim" shall include a claim that has not been held to be invalid by a final judgement from which no appeal can be taken. If labeled samples (including the same sample) are consecutively hybridized to a single Nucleic Acid Array, then the number of ABEs is equal to the number of consecutive hybridizations. If two differently labeled samples arc mixed and simultaneously hybridized to a single Nucleic Acid Array, then there has been one ABE. 1.2 "Affiliate" means any corporation or other business entity controlled by. controlling, or wider common control with a Party, but only for so long as such Affiliate remains an Affiliate of a Party, and only if such Affiliate is bound in writing by the terms of this Agreement. For this purpose, "control" means direct or indirect beneficial ownership of more than 50% of; (i) the voting stock or other controlling equity interest in, or (ii) the revenue, of such corporation or other business. References to Licensee in this Agreement will include Licensee's Affiliates. 1.3 "Array Maker" means a device used to fabricate Nucleic Add Arrays by mechanical fabrication methods. For clarity, the parties understand that "mechanical fabrication" does not include controlled direction of electromagnetic energy at a portion of a support (e.g. fabrication through photolithographic synthesis methods), but does include the use of an inkjet system to place nucleic acids on a support. 1.4 "Licensed Patent(s)" means the U.S. and Foreign Patents (and reissues, renewals, and extensions thereof) and Patent applications set forth on Exhibit A. as well as any U.S. or foreign application (including divisionals, continuations, and continuations-in-part) claiming priority to any of the foregoing and patents issuing thereon, as well as reissues, renewals, and extensions thereof. 1.5 "Nucleic Acid Array" means (i) an array fabricated solely by placing only fully synthesized nucleic acids (clonal polynucleotides or other presynthesized polynucleotides, with no further fabrication of nucleic acids) at defined locations on a solid support or (ii) an array fabricated solely by synthesizing oligonucleotides using an inkjet head to deposit nucleotides at defined locations on a solid support without using controlled direction of electromagnetic energy. In the case of both (i) and (ii), all of such nucleic acids may not represent more than 8,000 genes/expressed sequence tags; provided, however, during the periods of this Agreement in which Licensee has purchased an unlimited number of ABEs there shall be no limit on the number of genes/expressed sequence tags that Licensee may represent on a single Nucleic Acid Array. 2. LICENSE. During the term of this Agreement, Affymetrix grants Licensee a nontransferable, nonsublicensable, nonexclusive, worldwide, royalty-bearing license under the Licensed Patents, to internally use Array Makers and make (but not have made, sell, import, distribute or lease) and internally use Nucleic Acid Arrays made from such Array Makers for analyzing the presence, absence, or level of expressed messenger RNA in cells for academic and commercial research use only. For clarity, the Parties understand that diagnostic applications are not being licensed. 2.1 This Agreement does not grant Licensee a license to: (a) transfer a Nucleic Acid Array to any third party or (b) provide services to any third party with respect to a Nucleic Acid Array. For clarity, the Parties understand that biological research activities involving Nucleic Add Arrays conducted by Licensee within a collaboration that meets the requirements of Section 2.1(c)(ii) are permitted; or (c) distribute, license or otherwise make available to a third party any data or database that is obtained from the use of a Nucleic Acid Array, except as follows: i) Licensee may license data obtained from a Nucleic Acid Array to a third party licensee specifically related to a particular compound, drug, target, pathway or transcript state of a cell that has been discovered or analyzed through use of the Nucleic Acid Array, provided that such third party licensee (or its direct distributors or sublicensees) pays substantial consideration for the right to develop and market such compound, drug or target with the bone fide intent to do so in accordance with such third party licensee's commercial policies in effect from time to time; or ii) Licensee may transfer data to a third party when such data is obtained within a bona fide collaboration with such third party (a "Collaborator") in which: (A) the Collaborator provides substantial scientific input to experimental design, (B) the collaborative relationship is set forth in an agreement signed by the Licensee and the Collaborator prior to the use of any Nucleic Acid Arrays to generate such data, and (C) Licensee retains material intellectual property rights in substantial discoveries or inventions that arise from such data, including know-how if there are no patent rights directly associated with such know-how and such know-how has significant value as compared to other intellectual property arising from the collaboration. Bona fide collaborations do not include arrangements whose primary purpose is to give third party access to data or databases or provide nucleic acid hybridization services, or iii) Licensee may transfer data to a third party so long as Licensee receives no consideration or other quid-pro-quo for such transfer and such data is not made preferentially available to customers of Licensee (e.g. such transfer cannot be contingent on the third party and Licensee exchanging other goods, services or intellectual property), or (d) identify polymorphisms in genes/expressed sequence tags or perform genotyping analysis. 2.2 Licensee may make the data described in Section 2. l(c)(i)-(iii) (`Permitted Data") available to third parties only pursuant to written agreements containing obligations that: (a) are no less restrictive than those in Section 2.1; and (b) explicitly benefit Affymetrix by providing Affymetrix the right to enforce the provisions of such agreement that correspond to Section 2.1 hereof in the event that Licensee does not or cannot enforce such provisions itself and (c) prohibit such third parties from sublicensing or otherwise further distributing such Permitted Data except as set forth in Section 2.1 (c)(i). Licensee agrees not to exceed the scope of the licenses grimed under this Agreement. * Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the SEC. 1 3 ROYALTIES. In consideration of Licensee's right to use at least one Licensed Patent, Licensee will pay to Affymetrix: (a) an annual "Usage Royalty," and (b) a one-time license issue fee of $10,000. 3.1 EasyAccess-TM- "Gold" and "Silver" customers are entitled to additional discounts of [***] from the Usage Royalty, respectively. However, Licensee's EasyAccess discount shall only apply during those years of this Agreement in which Licensee has maintained such EasyAccess status fur at least seven months in such year. In the event Affymetrix substantially redefines the Gold and Silver EasyAccess marketing programs following the Effective Date, Affymetrix agrees to offer Licensee discounts similar to those set forth in this Section consistent with any then-prevailing marketing programs that require financial commitments similar to the Gold and Silver EasyAccess programs as of the Effective Date. 3.2 The annual Usage Royalty is set forth in the following table and is based on the number of ABEs that Licensee is permitted to conduct within a single year and Licensee's annual research and development budget (including its Affiliates) as reported in audited financial statements.
# of annual LICENSEE ANNUAL R&D BUDGET ABEs up to[***] Between [***] [***] - ---------------------------------------------------------- [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***]
3.3 Unused ABEs cannot be canned over from year-to-year. Nucleic Acid Arrays that are provided to Licensee by a third party that has been licensed by Affymetrix to provide such Nucleic Acid Arrays to Licensee shall not be included in the royalty calculation. 4. PAYMENT. Upon execution of this Agreement. Licensee shall pay the license issue fee. Licensee agrees to pay an annual Usage Royalty at [***] which corresponds to [***] ABEs ("Maximum Annual ABEs") for use during each year of this Agreement. 4.1 If during any year of this Agreement Licensee's ABE usage exceeds its Maximum Annual ABEs: (a) Licensee shall promptly notify Affymetrix, (b) Licensee's Maximum Annual ABEs and Usage Royalty shall increase to at least the next higher volume amount (or higher, if Licensee elects) set forth in the above table, and (c) the anniversary date of this Agreement shall be deemed to be the date Affymetrix receives such notice. If Licensee notifies Affymetrix in writing at least [***] prior to the anniversary date of this Agreement that Licensee desires to increase or decrease their Maximum Annual ABEs, then Licensee's Usage Royalty obligation shall be adjusted as set forth in the above table for the next year. 4.2 During each year of this Agreement. Licensee agrees to pay the annual Usage Royalty in [***] installments commencing at thc end of the first calendar quarter that follows the Effective Date. If Licensee's ABE usage exceeds its Maximum Annual ABE, all remaining [***] payments due for such year shall be immediately due and Licensee's first [***] installments for Licensee's increased Usage Royalty shall be due at the end of the next [***]. 4.3 If within one year following the Effective Date Affymetrix has felled to enter into at least [***] Qualifying Deal [***], then Affymetrix and Licensee shall meet to discuss readjusting the annual Usage Royalty fee structure, but in no event shall the annual Usage Royalty fee structure be decreased by more than [***]. A "Qualifying Deal" shall mean an agreement between Affymetrix and a licensee with the following criteria (i) the licensee has a R & D budget of less than [***], and (ii) the license agreement contains an annual Usage Royalty fee structure and covenants not to sue that are substantially similar to the ones set forth in this Agreement or which are more favorable to Affymetrix than the ones set forth in this Agreement. Any readjustment to the annual Usage Royalty fee structure shall only persist until Affymetrix has entered into [***] Qualifying Deal [***], and thereafter, the annual Usage Royalty fee structure set forth in this Agreement shall be [***]. 4.4 In the event Licensee selects a Usage Royalty corresponding to an unlimited number of annual ABE,, Licensee shall pay Affymetrix an additional annual royalty of [***] per Datapoint for all ABEs in access of [***] ABEs per year that arc used in connection with providing data to third parties, where "Datapoint' shall mean a measurement of the presence, absence, or level of contiguous sequence of expressed messenger RNA in a single biological sample as measured by a Nucleic Acid Array. 5.1 AUDIT. On each anniversary of this Agreement, an officer of Licensee will deliver to Affymetrix a statement certifying (i) that Licensee's ABE usage did not exceed the Maximum Annual ABE in the preceding year, and (ii) the number of ABEs used in the preceding year in connection with providing data to third parties but only if such number exceeds [***], Licensee agrees to maintain reasonable records to document the number of ABEs that Licensee uses. Affymetrix may have a nationally recognized accounting firm under obligations of confidentiality reasonably acceptable to Licensee examine Licensee's relevant records. At any time during regular business hours end upon [***]notice, but no more than [***] annually. If such examination reveals a discrepancy between the royalties payable hereunder and the royalties actually paid, Licensee will pay all such additional royalties, together with the maximum interest permitted by law from the date when such additional royalties would have been due, to Affymetrix [***] days of receipt of notice from Affymetrix of such discrepancy. Any such examination will be at Affymetrix' expense; provided that, if a deficiency of more than [***] is discovered, the examination will be at Licensees expense and Affymetrix shall not be deemed to have used its annual right to audit Licensee. 5.2 COVENANTS. licensee covenants not to sue Affymetrix. or its Affiliates or customers of either regarding any patented technology related to (1) the sale, distribution, design, development or manufacturing of nucleic acid probe arrays made using controlled direction of electromagnetic energy at a support ("Affymetrix NAPAs") and any array readers/scanners, software, assays, or packaging which may be used with Affymetrix NAPAs or (ii) the use of Affymetrix NAPAs provided by Affymetrix or its Affiliates to their customers and any array readers/scanners, software, assays, or packaging which may be used by such customers with Affymetrix NAPAs; provided, however, that such covenant not to sue does nor extend to: (A) the sale, distribution, design, development or manufacturing of nucleic acid probe arrays fabricated by synthesizing oligonucleotides [***], or (B) the [***], or (C) the [***], or (D) [***] * Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the SEC. 2 6. LIMITATIONS. Nothing in this Agreement will be construed as: (a) a warranty or representation by Affymetrix as to the validity or scope of the Licensed Patents; (b) a warranty or representation by Affymetrix that anything made, used, or discovered under the rights granted in this Agreement does not or will not infringe third party patents; (c) an obligation to bring actions against third parties for infringement; (d) conferring the right to use any Affymetrix trademark or designation; (e) conferring by implication, estoppel, or otherwise any rights under any Affymetrix patents other than the Licensed Patents or any rights not specifically granted herein; or (f) an obligation to furnish any know-how not provided in the Licensed Patents. In no event will either Party be liable for lost or prospective profits or indirect or consequential damages resulting from this Agreement eve if the other Party has been advised of the possibility of such damages. 7. INDEMNITY. Licensee will defend, indemnify, and hold Affymetrix harmless from and against any liability, demands, damages, expenses and losses for death, personal injury, illness, or property damage arising out of Licensee's use of any method or apparatus under the Licensed Patents. As used in this Section 7, "Affymetrix" includes its trustees, officers, agents, and employees. The technology licensed hereby is experimental, and Licensee will take all reasonable precautions to prevent death, personal injury, illness, and property damages from use thereof. 8. TERMS AND TERMINATION. This Agreement will remain in effect for three years following the Effective Date, and continue thereafter n renewing one year terms until terminated by either party by providing notice to the other party at least 60 days prior to the anniversary date hereof. If either Party materially fails to perform any obligations under this Agreement, the other Party may notify the defaulting party of the default. If the defaulting Party has not materially cured the default within 30 days after receiving such notice, the other Party may terminate this Agreement upon 30 days' notice to the defaulting Party. Such right to terminate will be in addition to, and without prejudice to the exercise of, any other remedies available in law or equity. Sections 1, 2.2, 5.1, 6, 7, 9.1, 9.2 and 9.3 will survive termination or expiration of this Agreement. 9. GENERAL. Licensee covenants not to benchmark or otherwise compare performance metrics such as sensitivity and specificity from Licensee's nucleic acid arrays to any Affymetrix' nucleic acid arrays and disclose such comparison results to third parties without the prior approval of Affymetrix which shall not be unreasonable withheld. Licensee agrees not to disparage Affymetrix' personnel, products or services. Licensee may not assign this Agreement by acquisition of Licensee's assets or stock, by operation of law, or otherwise, without Affymetrix's prior consent. In the event Licensee is acquired, Affymetrix will not unreasonably withhold its consent to such an assignment. Affymetrix' consent shall be deemed to have been reasonably withheld if Licensee proposes to merge with an entity that is a party or an Affiliate of a party to litigation with Affymetrix; provided, however, the foregoing proviso will not be effective in the event Affymetrix initiates such litigation for the primary purpose of preventing the assignment of this Agreement. No assignment of this Agreement will be valid until the assignee has assumed all obligations under this Agreement and the Usage Royalty has been adjusted to reflect the assignee's R&D budget. If any provision of this Agreement is held invalid or unenforceable for any reason, such unenforceability will not affect the enforceability of the remaining provisions of this Agreement, and all provisions of this Agreement will be construed so as to preserve the enforceability hereof. The waiver by either Party of a breach of any provision of this Agreement by the other Party will not be construed as a waiver of any succeeding breach of the same or any other provision, nor will any delay on the part of either Party to exercise any right that it may have hereunder operate as a waiver of any right by such Party. In the event there is a dispute between the Parties in connection with this Agreement, neither Party shall file a claim against the other Party in connection with such dispute until thirty (30) days following notice to the other Party and the Chief Executive Officer of each Party shall meet and discuss potential solutions to such dispute during the thirty (30) days following notice to the other Party and the Chief Executive Officer of each Party shall meet and discuss potential solutions to such dispute during the thirty (30) day period. Affymetrix represents and warrants that it owns or is the legal licensee of the Licensed patents and that it has the right to enter into this Agreement for the Licensed Patents. 9.1 NOTICE. All requests, consents, notices, and other communications under this Agreement will be in writing and will be deemed to have been given upon the confirmed facsimile transmission or prepaid express mailing to the address below, or at such address as either Party may from time-to-time designate in writing to the other Party. To Affymetrix: Affymetrix, Inc. 3380 Central Expressway Santa Clara, CA 95051 Attention: General Counsel To Licensee: Rosetta Inpharmatics, Inc. 12040 115th Avenue N.E. Kirkland, Washington 98034 Attention: Chief Operating Officer 9.2 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties relating to the subject matter thereof, and all prior negotiations, representations, agreements, and understandings are merged into, extinguished by, and completely expressed by it. This Agreement will be construed in accordance with the laws of California without regard to its conflict of laws rules. 9.3 CONFIDENTIALITY. The Parties will keep the terms of this Agreement in confidence, except as may be required by regulatory agencies or courts or as required by law, and will then use all reasonable precautions to keep the terms of this Agreement confidential. Signature: /s/ Stephen A. Fodor ----------------------------------------------- Stephen P.A. Fodor, Ph.D. President and Chief Executive Officer Affymetrix, Inc. Date: 30 Nov 98 ---------------------------------------------------- Rosetta Inpharmatics, Inc. Signature: /s/ John J. King II ------------------------------------------------ Name (Print): John J. King, II -------------------------------------------- Title: Senior VP & COO --------------------------------------------------- Date: 30 November, 1998 ---------------------------------------------------- * Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the SEC. 3 EXHIBIT A
COUNTRY PATENT/ TITLE OF INVENTION AFFYMETRIX FEATURE STATUS APPLICATION FILE NO. NO. CATEGORY I US 5,143,854 Large Scale Photolithographic Solid Phase 1000.1 Peptide Synthesis Issued (CHIPS) Synthesis of Polypeptides and Receptor Binding Screening Thereof US 5,744,305 Very Large Scale Immobilized Polymer 1000.2A1 LESS THAN 400 Issued Synthesis US 5,445,934 Array of Oligonucleotides On a Solid 1000.1B2 High Density Chip ISSUED Substrate AT AT0476014 VERY LARGE SCALE IMMOBILIZED POLYMER 1000.1 SYNTHESIS ISSUED SYNTHESIS AU ###-###-####.1 ALL ISSUED BE BE0476014 VERY LARGE SCALE IMMOBILIZED POLYMER Synthesis Issued SYNTHESIS [***] [***] [***] CH CH0476014 VERY LARGE SCALE IMMOBILIZED POLYMER 100.1 SYNTHESIS Issued SYNTHESIS DE 6901211972 VERY LARGE SCALE IMMOBILIZED POLYMER 100.1 SYNTHESIS ISSUED SYNTHESIS DK DK0476014 VERY LARGE SCALE IMMOBILIZED POLYMER 100.1 SYNTHESIS ISSUED SYNTHESIS GB GB0476014B1 VERY LARGE SCALE IMMOBILIZED POLYMER 100.1/EP SYNTHESIS ISSUED SYNTHESIS HK 641/95 VERY LARGE SCALE IMMOBILIZED POLYMER 100.1/EP SYNTHESIS REGISTERED SYNTHESIS SG 135/95 VERY LARGE SCALE IMMOBILIZED POLYMER 100.1/EP SYNTHESIS REGISTERED SYNTHESIS EPO 0476014B1 VERY LARGE SCALE IMMOBILIZED POLYMER 100.1 SYNTHESIS ISSUED SYNTHESIS ES ES476014 VERY LARGE SCALE IMMOBILIZED POLYMER 100.1 SYNTHESIS ISSUED SYNTHESIS [***] FR FR476014 VERY LARGE SCALE IMMOBILIZED POLYMER 100.1 SYNTHESIS ISSUED SYNTHESIS GB 2248840B SUBSTRATE CARRYING LIGANDS TO SCREEN 100.1 SUBSTRATE CLAIMS ISSUED FOR BIOLOGICAL ACTIVITY HK 613/95 SUBSTRATE CARRYING LIGANDS TO SCREEN SUBSTRATE CLAIMS REGISTERED FOR BIOLOGICAL ACTIVITY SG 526/1994 SUBSTRATE CARRYING LIGANDS TO SCREEN SUBSTRATE CLAIMS REGISTERED FOR BIOLOGICAL ACTIVITY [***] IL 94551 VERY LARGE SCALE IMMOBILIZED POLYMER 1000.1 ALL ISSUED SYNTHESIS IN 174229 VERY LARGE SCALE IMMOBILIZED POLYMER 1000.1 ALL ISSUED SYNTHESIS IT FR476014 VERY LARGE SCALE IMMOBILIZED POLYMER 1000.1 SYNTHESIS ISSUED SYNTHESIS RU ###-###-####.04 VERY LARGE SCALE IMMOBILIZED POLYMER 1000.1 ALLOWED SYNTHESIS KR 971577 VERY LARGE SCALE IMMOBILIZED POLYMER 1000.1 ALL ISSUED SYNTHESIS LU LU0476014 VERY LARGE SCALE IMMOBILIZED POLYMER 1000.1 SYNTHESIS ISSUED SYNTHESIS MX 180597 VERY LARGE SCALE IMMOBILIZED POLYMER 1000.1 SUBSTRATE CLAIMS ISSUED SYNTHESIS NL 191992 VERY LARGE SCALE IMMOBILIZED POLYMER 1000.1 ISSUED SYNTHESIS NO 301233 VERY LARGE SCALE IMMOBILIZED POLYMER 1000.1 ISSUED SYNTHESIS
* Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the SEC.
COUNTRY PATENT/ TITLE OF INVENTION AFFYMETRIX FEATURE STATUS APPLICATION FILE NO. NO. NZ 233886 VERY LARGE SCALE IMMOBILIZED 1000.1 ISSUED POLYMER SYNTHESIS [***] SE SE 476014 VERY LARGE SCALE IMMOBILIZED 1000.1 SYNTHESIS ISSUED POLYMER SYNTHESIS ZA ###-###-#### VERY LARGE SCALE IMMOBILIZED 1000.1 ISSUED POLYMER SYNTHESIS AU 672723 VERY LARGE SCALE IMMOBILIZED 1000.1A REACTORS, READERS ISSUED POLYMER SYNTHESIS EPO 94200059.7 VERY LARGE SCALE IMMOBILIZED 1000.1A CHIPS, SYNTHESIZER, ALLOWED POLYMER SYNTHESIS ETC. [***] KR 118362 VERY LARGE SCALE IMMOBILIZED 1000.1A ALL ISSUED POLYMER SYNTHESIS [***] NL NL ###-###-#### VERY LARGE SCALE IMMOBILIZED 1000.1A ALL ISSUED POLYMER SYNTHESIS US 5,405,783 Large Scale Photolithographic Solid Phase 1000.1B Broad VLSIPS Issued Synthesis of an Array of Polymers US 5,510,270 Synthesis and Screening of Immobilized 1000.1B1 Broad VLSIPS Issued Oligonucleotide Arrays Synth/Screening Claims [***] [***] [***] [***] AU 663300 VERY LARGE SCALE IMMOBILIZED 1000.2 READER, LINKER ISSUED POLYMER SYNTHESIS SCREEN, MENV/PO C, VLSIPS [***] IN 178136 VERY LARGE SCALE IMMOBILIZED 1000.2 PROTECTING GROUP ISSUED POLYMER SYNTHESIS [***] [***] NZ 240744 VERY LARGE SCALE IMMOBILIZED 1000.2 READER, LINKER ISSUED POLYMER SYNTHESIS SCREEN, MENV/PO C, VLSIPS ZA 919650 VERY LARGE SCALE IMMOBILIZED 1000.2 READER, LINKER ISSUED POLYMER SYNTHESIS SCREEN, MENV/PO C, VLSIPS [***] US Very Large Scale Immobilized 1000.2A4 Polymer Synthesis US Very Large Scale Immobilized 1000.2A5 Polymer Synthesis US 5,744,101 Very Large Scale Immobilized 1000.2C Synthesis Reactor Issued Polymer Synthesis US Photolabile Nucleoside Peptide 1000.2D Protecting groups Allowed Protecting Groups US 5,753,788 Photolabile Nucleoside Peptide 1000.2E Protecting groups Issued Protecting Groups [***] US 5,424,186 Very Large Scale Immobilized 1000.3 Oligo Synthesis Issued Polymer Synthesis [***]
* Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the SEC.
COUNTRY PATENT/ TITLE OF INVENTION AFFYMETRIX FEATURE STATUS APPLICATION FILE NO. NO. [***] US 5,527,681 Immobilized Molecular Synthesis of 1000.4 Systematic Substitution Issued Systematically Substituted Compounds at a given position US 5,770,456 Cyclic and Substituted Immobilized 1000.4A Systematic Substitution Issued Molecular Synthesis at a given position [***] CATEGORY 2 US 5,800,992 A Method of Detecting Nucleic Acids 1004B Nucleic Acid Analysis Issued (ASSAYS) with Arrays US Methods for Nucleic Acid Analysis 1004C Detecting Hybridization Allowed with fluorescent label, US A Method of Detecting Nucleic Acids 1004D Expression 2 Allowed [***] [***] [***] [***] [***] CATEGORY 3 US 5,384,261 Very Large Scale Immobilized Polymer 1009 Issued (SYNTHESIS) Synthesis Using Mechanically Directed Flow Paths US 5,677,195 Combinatorial Strategies For 1009.1 Issued Polymer Synthesis AU 675044 COMBINATORIAL STRATEGIES FOR 1009.1 ISSUED POLYMER SYNTHESIS [***] [***] [***] [***] [***] [***] CATEGORY H [***] (SOFTWARE) [***] [***] [***] [***]
* Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the SEC.
COUNTRY PATENT/ TITLE OF INVENTION AFFYMETRIX FEATURE STATUS APPLICATION FILE NO. NO. [***] [***] [***] [***] CATEGORY [***] (DATABASES) [***] [***] [***] [***] [***] CATEGORY 6 US 5,578,832 Method and Apparatus for Imaging a Sample 1047 Apparatus for Issued (IMAGING) on a Device autofocusing on a sample. US 5,834,758 Method and Apparatus for Imaging a Sample 1047 Apparatus for Issued on a Device autofocusing on a sample. [***] CATEGORY 7 US 5,631,734 Method and Apparatus for Detection of 1055A Fluorescence Issued (DETECTION) Fluorescently Labeled Materials detector w/autofocus, translator, Do [***] CATEGORY 8 [***] (PACKAGING) [***] [***] [***] [***] [***]
* Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the SEC.