Oxford Gene Steps Up Attack on Affymetrix Patent Position
Oxford believes Affymetrix's UK and European patents are unjustifiably broad, and if allowed to stand could block development of competing array technology. Edwin Southern, Whitley Professor of Biochemistry at the University of Oxford and founder/majority owner of Oxford Gene, stated that "Affymetrix did not invent the array, yet they appear to be attempting to achieve a monopoly over all arrays. This conduct may hinder the emergence of competitive array technologies, such as the computer-controlled printing techniques disclosed in our original filing. If not checked this could ultimately drive people away from arrays altogether. It would be a catastrophe not to make full use of such a powerful analytical tool."
Southern's own gene microarray technologies, developed during the late 1980s and early 1990s, form the technology base of his company's products. DrugDiscovery Online has reported that Agilent Technologies (Palo Alto, CA), a subsidiary of Hewlett Packard Co., has licensed Oxford's computer-controlled printing method and plans to commercialise a broad range of products based on it (see Agilent Expands Life Sciences Presence with DNA Microarray Program).
Oxford CEO Andrew Millar explained differences between the Affymetrix and Oxford probes. "Ed's process involves solid phase synthetic chemistry, which gives much higher yields, higher probe purity, and quicker production. Our probes are also easy to manufacture in large quantities and offer probes in both the 3'-5' and 5'-3' directions. Affy's probes only work in the 3'-5' direction. Our arrays can therefore use primer extension to confirm genetic sequence information."
Long-Standing Battle
These legal actions escalate a long-standing court battle between Oxford and Affymetrix, raising the number of pending legal actions to four. The other two are proceedings in the US and English courts for infringement of OGT's patent numbers US 5,700,637 and EP (UK) 0 373 203. Affymetrix defends its patent position by claiming the benefit of a licence granted by Isis Innovation Ltd. (Oxford University's technology transfer company) to Beckman Instruments Inc. (now Beckman Coulter Inc) in 1991. Oxford has asked the English Courts to declare the legal position, which Oxford believes is a question of English law, and a trial of this preliminary issue is set to begin in London in February 2000, with a decision due in March or April 2000. Southern believes the English courts " will declare invalid Affymetrix's attempts to secure a licence by means other than negotiation with Oxfrd."
Oxford has secured substantial funding in recent months, which should allow it to pursue its legal remedies to a conclusion. CEO Millar told DrugDiscovery Online that proceeds from the Agilent deal will certainly help. "Ed Southern's patents cover the entire field of synthesising DNA microarrays and were filed before those of Affymetrix," Millar stated. Adds Southern, "We cannot allow Affymetrix simply to spend its way out of trouble, and so we were forced to make our own financial position absolutely secure."
Oxford Gene's management team: Andy Millar (CEO), Ed Southern (founder, majority owner), Tim Fell (technical director)
Oxford Gene Technology was established to exploit the microarrray and related technology arising from research carried out by Southern and his team at the University of Oxford. In addition to its licensing activities Oxford has recently established an operational arm under the leadership of Andy Millar to provide services to the pharmaceutical and other sectors in antisense discovery, probe optimisation, resequencing and expression analysis, employing techniques developed by Southern and his team. In addition to the Agilent deal, Oxford has entered into cross-licensing arrangements with Incyte Pharmaceuticals.
For more information: Andy Millar, Oxford Gene Technology, Oxford BioBusiness Centre, Littlemore Park, Oxford OX4 4SS UK. Tel: 44-1865-405-115. Fax: 44-1865-405-120.
By Angelo DePalma