Intellectual property licensing exclusions

While Affymetrix s early entry into the DNA microarray market afforded it a formidable position, the company has competitors. In order to commercialize the in situ array, it became clear that access to certain intellectual properties, especially the Southern patent (Oxford Gene Technologies or OGT), was required. Affymetrix obtained a license through a business relationship with Beckman Coulter which originally held the first and exclusive Southern license and later relinquished its exclusivity. Beckman Coulter and Affymetrix entered into a joint venture with Array Automation LLC to automate the processing of Affymetrix chips. Now that license to the Southern technology is available from OGT, others are permitted to commercialize in situ microarrays by alternative chemical S5mthesis approaches. 

All Intellectual Property Rights and Know How arising from the Clinical Trial shall vest in or be exclusively licensed to the Sponsor in accordance with clauses 9.4 and 9.5 below. 

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