8-K

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of Earliest Event Reported): December 6, 2004

Illumina, Inc.
__________________________________________
(Exact name of registrant as specified in its charter)

Delaware	000-30361	330804655
_____________________ (State or other jurisdiction	_____________ (Commission	______________ (I.R.S. Employer
of incorporation)	File Number)	Identification No.)
9885 Towne Centre Drive, San Diego, California		92121
_________________________________ (Address of principal executive offices)		___________ (Zip Code)

Registrant’s telephone number, including area code: 858 202 4500

Not Applicable
______________________________________________
Former name or former address, if changed since last report

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

[  ]  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[  ]  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[  ]  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[  ]  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 8.01. Other Events.

On December 6, 2004, Illumina, Inc. issued a press release announcing that it was successful in its appeal to reduce the amount of punitive damage awarded with respect to a wrongful termination of employment lawsuit. A copy of this press release is attached hereto as Exhibit 99.1.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	Illumina, Inc.
December 7, 2004	By:	Timothy M. Kish
		Name: Timothy M. Kish
		Title: Chief Financial Officer

Exhibit Index

Exhibit No.	Description
99.1	Press release dated December 6, 2004, announcing that the Company was successful in its appeal to reduce the amount of punitive damage awarded with respect to a wrongful termination of employment lawsuit

EX-99.1

Illumina, Inc
NR200437

Contacts: Jay Flatley
President & CEO
1.858.202.4501
jflatley@illumina.com Timothy Kish
Chief Financial Officer
1.858.202.4508
tkish@illumina.com

ILLUMINA SUCCESSFUL IN REDUCING DAMAGES ON APPEAL OF EMPLOYMENT LAWSUIT

SAN DIEGO, CALIFORNIA, December 6, 2004 — Illumina, Inc. (NASDAQ:ILMN) announced today that it was successful in reducing the amount of punitive damages awarded with respect to a wrongful termination lawsuit.

In a December 3, 2004 opinion, the Fourth Appellate District Court of Appeal, in San Diego, California, found the original punitive damage award to be “grossly excessive” and reduced the award to $2.2 million. As a result of the reduced award amount, Illumina expects to record a one-time gain of approximately $3.3 million and make a $5.9 million cash payment to satisfy the revised judgment.

Illumina (www.illumina.com) is developing next-generation tools that permit large-scale analysis of genetic variation and function. The Company’s proprietary BeadArray^Ô technology — now used in leading genomics centers around the world — provides the throughput, cost effectiveness and flexibility to enable researchers in the life sciences and pharmaceutical industries to perform the billions of tests necessary to extract medically valuable information from advances in genomics and proteomics. This information will correlate genetic variation and gene function with particular disease states, enhancing drug discovery, allowing diseases to be detected earlier and more specifically, and permitting better choices of drugs for individual patients.

“Safe Harbor” Statement under the Private Securities Litigation Reform Act of 1995: this release may contain forward-looking statements that involve risks and uncertainties. Among the important factors that could cause actual results to differ materially from those in any forward-looking statements are the costs and outcome of Illumina’s litigation with Applied Biosystems and Affymetrix, market acceptance of Illumina’s BeadArray-based products, Illumina’s ability to fully develop and commercialize its BeadArray technologies, , the Company’s ability to successfully commercialize its integrated BeadLab and BeadStation systems for high-throughput genetic analysis, to continue to attract and retain customers in its services and oligonucleotide synthesis operations, to fully develop its BeadArray technologies, to develop and deploy new gene expression profiling and proteomics applications for its platform technology, to manufacture robust Sentrix^® arrays and Oligator^® oligonucleotides, and other factors detailed in the Company’s filings with the Securities and Exchange Commission including its 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. Illumina disclaims any intent or obligation to update these forward-looking statements beyond the date of this release.

# # #