INCYTE PHARMACEUTICALS, INC. v. Affymetrix, Inc.

ORDER DENYING MOTION TO DISMISS

FOGEL, District Judge.

Defendant Affymetrix, Inc. (“Affyme-trix”), moves for dismissal of the first amended complaint for lack of subject-matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). Plaintiffs Incyte Pharmaceuticals, Inc. (“Incyte”), and the Board of Trustees of the Leland Stanford Junior University (“Stanford”) oppose the motion. The Court has read the moving and responding papers and has considered the oral arguments of counsel presented on July 10, 2000. For the reasons set forth below, the motion will be denied.

I. BACKGROUND

In…