Affymetrix, Inc. v. Hyseq, Inc.

ORDER CONSTRUING CLAIMS OF U.S. PATENTS NOS. 5,445,934, 5,744,-305, 5,800,992, AND 5,795,716

I. INTRODUCTION

Both of the cases captioned above are patent infringement suits. Affymetrix, plaintiff in both cases, asserts four separate patents against the named defendants. The cases were consolidated for the purpose, inter alia, of construing disputed patent claim terms. On November 29 and 30, 2000, the Court conducted a tutorial and hearing to assist it in construing the claims of United States Patents Nos. 5,445,934 (the ’934 patent), 5,744,305 (the ’305 patent), 5,800,992 (the ’992 patent), and 5,795,716 (the ’716 patent). After considering the arguments and evidence presented by all parties, the Court will construe the principal disputed terms as set forth below. Certain of the disputed terms have not been construed. If necessary, the parties may request the Court to construe the remaining terms at a later date. The Court will request supplemental briefing as to the term “substantially complementary.”

II. BACKGROUND

Affymetrix’s four patents relate to “DNA chip” or “array” technology. Two of the patents, the ’934 and the ’305 patents, claim “arrays” or “substrates,” wherein a…