Filed by Illumina:
-Motion for Summary Judgment on Inequitable Conduct and Unenforceability of Asserted Claims of the '243 patent.
-Motion for Summary Judgment on Invalidity of the Asserted Claims of the '531 patent.
-Motion for Summary Judgment on Invalidity of the Asserted Claims of the '432 patent.
Additional Counterclaims the Court allowed on Illumina's behalf:
-Declaratory Judgment of the Non-Infringement, Invalidity and Unenforceability of the '365 patent.
-Violation of the Sherman Act is STAYED (but not dismissed) for later action by the Court. This is still hanging over the head of Affymetrix until resolved.
-Unfair Competition under the California Business and Professional Code Section 17200 (watch this one IMO).
-Intentional Interference with Acutal and Prospective Economic Advantage.
Affymetrix of course has filed pleadings/motions to counter all the above. The Court has already ruled in favor of Affymetrix on the '716 patent,
The same question might be asked about pharmaceuticals. The answer is: A patent provides a monopoly to commercialization of an invention for 17 years. A company that provides a lower "price point" by infringing on patents does so illegally.
Is the Markman ruling important? Of course it is. I am not trying to convince anyone otherwise. I believe rulings yet to be made on certain pleadings and motions can be more important, however.
investwith6s: I own ILMN stock. I simply can't believe how far some Posters will go in trying convincing others that real news is unimportant. You have to weigh the good with the bad!
When you and others just 'blow off' real news about ILMN, you are treating the rest of us as if we were stupid. We are not.
Even Steve Jobs folded when the odds were against him. Here is how motley fool saw it, apologies to those who have already read it.
The tenacity that scientist may exhibit can be disastrous from a business standpoint. Have you ever watched the show the American Inventor? It was lame but it showed the psychology of inventors. I however think the inventions were staged. Anyway.
As for this board moving on, it is hard to do. I guess that is why lawyers need a judge to settle things.