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Illumina Announces Outcome Of Its Patent Litigation Against Syntrix Biosystems, Inc.

Illumina, Inc. (NASDAQ: ILMN) today announced that a federal jury in Tacoma, Washington found that Illumina’s BeadChip array product infringed U.S. Patent No. 6,951, 682, asserted by Syntrix Biosystems, Inc. The federal jury ordered Illumina to pay approximately $96 million in damages to Syntrix based on a royalty rate of six percent for BeadChip products sold by Illumina from 2005 through May 2012. United States District Court Judge Benjamin H. Settle, however, dismissed from the case claims that Illumina’s alleged infringement was willful and that Illumina misappropriated Syntrix’s trade secrets. The Syntrix patent expires on September 17, 2019.

Illumina continues to believe that Syntrix’s claims are without merit. Illumina intends to file post-trial motions asking the court to vacate the jury’s finding and to rule as a matter of law that the BeadChip does not infringe Syntrix’s patent.

Jay Flatley, Illumina’s President and CEO, stated, “We strongly disagree with this verdict and plan to appeal the present finding of infringement. In the meantime, we will continue to sell the products that are the subject of this suit and no damages will be payable to Syntrix until all appropriate appeals have been taken, which may take a number of years.” Mr. Flatley continued, “Our BeadChip products are based on Dr. David Walt’s technology that was licensed from Tufts University when Illumina was founded in 1998. Like many other companies, we respect the valid and enforceable intellectual property rights of others. Consistent with our policy, we believe we acted properly with respect to the Syntrix ‘682 patent. We continue to feel very strongly about our position that Syntrix’s allegations are without merit and that, ultimately, our position will be vindicated.”

About Illumina

Illumina ( www.illumina.com) is a leading developer, manufacturer, and marketer of life science tools and integrated systems for the analysis of genetic variation and function. We provide innovative sequencing and array-based solutions for genotyping, copy number variation analysis, methylation studies, gene expression profiling, and low-multiplex analysis of DNA, RNA, and protein. We also provide tools and services that are fueling advances in consumer genomics and diagnostics. Our technology and products accelerate genetic analysis research and its application, paving the way for molecular medicine and ultimately transforming healthcare.

Forward-Looking Statements

This release may contain forward-looking statements that involve risks and uncertainties. Important factors that could cause actual results to differ materially from those in any forward-looking statements are detailed in our filings with the Securities and Exchange Commission, including our most recent filings on Forms 10-K and 10-Q, or in information disclosed in public conference calls, the date and time of which are released beforehand. We do not intend to update any forward-looking statements after the date of this release.

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