A patent appeals board had ruled in favor of Affymetrix, as did the U.S. District Court for the Northern District of California. But the U.S. Court of Appeals for the Federal Circuit, which hears patent appeals, ruled that the lower court had made a series of mistakes, and reversed the California court’s decision.
In addition, the appeals court also said that both the companies would bear its own costs.
The disputed invention focuses primarily upon the method of mixing the fluid for thorough contact with the microarray surface, the ruling said.