Illumina Announces Favorable Outcome of its Patent Litigation Against Helicos BioSciences Corporation

Illumina Announces Favorable Outcome of its Patent Litigation Against Helicos BioSciences Corporation

Scott Dawson, 858-882-6665orJennifer Temple, 858-882-6822

Illumina, Inc. (NASDAQ: ILMN) announced today that District Judge Sue L. Robinson of the U.S. District Court for the District of Delaware granted Illumina’s motion for summary judgment of invalidity of U.S. Patent No. 7,593,109, a patent asserted by Helicos BioSciences Corporation in a lawsuit filed against Illumina in October 2010. Judge Robinson ruled that the ‘109 patent was invalid for inadequate written description.

The ‘109 patent was the last remaining patent of three patents originally asserted by Helicos in the lawsuit against certain of Illumina’s sequencing products. Earlier this year, after a vigorous defense by Illumina, Helicos voluntarily dismissed with prejudice the two other patents in the suit, and provided Illumina covenants not to sue on those patents with no payment from Illumina.

Jay Flatley, Illumina’s President and Chief Executive Officer, stated, “We are pleased that the court sided with Illumina in this lawsuit and found that the ‘109 patent was invalid. The court’s ruling on the ‘109 patent, and Helicos’s voluntary dismissal of the other patents in the suit, vindicates our position that we do not infringe any valid Helicos patent. While we respect valid and enforceable intellectual property rights of others, Illumina will continue to vigorously defend against unfounded claims of infringement.”

Illumina () 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.

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.