Affymetrix Inc - Current report filing (8-K)
January 15 2008 - 4:38PM
Edgar (US Regulatory)
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO
SECTION 13 OR 15(D) OF THE
SECURITIES
AND EXCHANGE ACT OF 1934
Date of report
:
January 9, 2008
(Date of earliest event
reported)
AFFYMETRIX, INC.
(Exact name of registrant as specified in charter)
Delaware
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0-28218
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77-0319159
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(State or other jurisdiction of incorporation)
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(Commission File Number)
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(I.R.S. Employer Identification
No.)
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3420
Central Expressway
Santa
Clara, California 95051
(Address of principal executive offices and zip code)
Registrants telephone
number, including area code: (
408) 731-5000
Check
the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
o
Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
o
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o
Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
o
Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
Item 1.01 Entry into a
Material Definitive Agreement
On
January 9, 2008, Affymetrix, Inc. and Illumina, Inc. entered
into a settlement agreement relating to certain patent litigation between the
parties. Under the terms of the
settlement, Illumina agreed, without admitting liability, to make a one-time
payment to Affymetrix of $90 million.
Affymetrix agreed to dismiss with prejudice all lawsuits it had brought
against Illumina. Illumina agreed to
dismiss with prejudice its counterclaims in the relevant lawsuits. In exchange for the payment, Affymetrix granted
to Illumina a perpetual covenant not to sue Illumina, its affiliates and their
customers under any and all Affymetrix patents and patent applications for
making, using or selling any of Illuminas current products, products in
development, and evolutions of those products and related services. In addition, Affymetrix granted to Illumina a
covenant not to sue Illumina, its affiliates and customers for four years for
making, using or selling products or services of Illumina that are based on
future technology developments. These
covenants not to sue cover all fields other than photolithography, the process
by which Affymetrix manufactures its arrays and a field in which Illumina does
not currently operate. Payment of the
settlement amount will be made once the lawsuits have been formally dismissed
by the courts.
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SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the Registrant has
duly caused this report to be signed on its behalf by the undersigned, hereunto
duly authorized.
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AFFYMETRIX, INC.
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Dated: January 15,
2008
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By:
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/s/
Barbara
A. Caulfield
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Barbara A. Caulfield
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Executive
Vice President and General
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Counsel
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3
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