Syntrix Biosystems Wins Final Judgment of $115 Million in Patent Case against Illumina, Inc.

  Syntrix Biosystems Wins Final Judgment of $115 Million in Patent Case
  against Illumina, Inc.

     Decision Follows Largest Patent Verdict in Washington State History

Business Wire

AUBURN, Wash. -- June 20, 2013

Syntrix Biosystems, Inc., is pleased to announce that a federal court in
Tacoma, Washington, has granted the company a final judgment of $115 million
in a patent infringement case it filed against Illumina, Inc., a San
Diego-based biotechnology firm. The Court’s judgment was filed on June 19,
2013, and follows a $96 million jury verdict in favor of Syntrix Biosystems.
The jury’s verdict is the largest patent verdict in Washington state history
and is likely to be one of the largest in the nation this year.

The jury rendered its verdict on March 15, 2013, after an 11-day trial
focusing on U.S. Patent No. 6,951,682 (“the ’682 patent”), which covers
synthetic matrix and array technology invented by the founder and president of
Syntrix Biosystems, John A. Zebala, MD, PhD. The jury found that Illumina
infringed the ’682 patent and ordered the defendant to pay $96 million in
damages related to the “BeadChip” products it marketed from 2005 through May
2012.

After the jury rendered its verdict, the Court ordered additional damages in
connection with infringing sales made by Illumina from May 2012 through the
date of the verdict. The Court also ordered payment of prejudgment interest
from 2005, bringing the total judgment against Illumina to $115 million.
Finally, the Court ordered Illumina to pay Syntrix Biosystems an ongoing
royalty of eight percent for continued sales of infringing products, a full
two percent higher than the royalty found by the jury.

The term of the ’682 patent extends to October 2019.

“We deeply appreciate the time and attention the jurors and the Court gave to
hearing this case,” said Zebala. “Today’s judgment by the Court confirms the
jury's unanimous verdict. The protection of new discoveries is embodied
directly in the fabric of the U.S. Constitution and is therefore inherently
American. Our legal action was a hard-fought battle every step of the way, as
we insisted that the rights of the individual inventor be fully protected. It
should be clear to Illumina and others that the willful disregard of valid
intellectual property is unacceptable in the United States. We are thankful
for the great work by our legal team at Nix, Patterson & Roach LLP and
Bracewell & Giuliani LLP, which helped us achieve this victory.”

Syntrix Biosystems was represented at trial by attorneys with the law firms of
Bracewell & Giuliani LLP, Nix, Patterson & Roach LLP, and Foster Pepper PLLC.
The company’s case against Illumina was styled Syntrix Biosystems, Inc. v.
Illumina, Inc., Cause No. C10-5870 BHS (W.D. Wash.).

About Syntrix Biosystems, Inc.

Syntrix Biosystems, Inc., is a private, Washington-based biotechnology company
dedicated to developing and commercializing therapeutic compounds and research
platforms for the pharmaceutical, biotechnology and research markets. Since
its inception, Syntrix Biosystems has been awarded nearly $25 million from the
National Institutes of Health in support of its development efforts. For
further information, see SyntrixBio.com.

Contact:

for Syntrix Biosystems, Inc.
Eric Wetzel, 800-933-5998
eric@shipleyassociates.com
 
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