Enzo Biochem, Inc., (NYSE:ENZ) today announced that the Board of Patent
Appeals and Interferences of the United States Patent and Trademark
Office has entered judgment in favor of Enzo and against Bayer
HealthCare LLC in a patent interference proceeding relating to Enzo Life
Science’s application for nucleic acid signal amplification and Bayer’s
U.S. Patent No. 5,124,246.
Subject to any requests for rehearing or appeals that Bayer might file,
the effect of this judgment is that Enzo will receive a full seventeen
year patent for all the inventions covered by its claims, which term
will commence on the date of issuance of the patent.
"This technology is the basis for several significant products in
clinical diagnostics and in the life sciences field which are currently
marketed or licensed by various commercial entities,” said Barry Weiner,
President of Enzo.
According to trade reports, industry-wide annual sales of diagnostic
products utilizing the nucleic acid signal amplification technology are
estimated to exceed $100 million in the United States alone.
Using Enzo’s signal amplification technology, direct detection of
nucleic acid can be carried out without the need for target
amplification and without compromising the sensitivity of the detection
assay.
Enzo developed its signal amplification technology in the early 1980s,
filing its original patent application on May 5, 1983. The Patent Office
granted a patent to Chiron Corporation (later acquired by Bayer
Healthcare) in 1992, although Chiron’s application was originally filed
on October 15, 1987, nearly four and one-half years after Enzo’s
original filing date. An interference proceeding was declared by the
Patent Office on August 7, 2006 to determine, as between Enzo and Bayer
Healthcare, who made the invention first. The Diagnostics Division of
Bayer HealthCare, which has since been acquired by Siemens Medical
Solutions, produces the "VERSANT® Branched DNA (bDNA) Assays” that
utilizes the technology whose claim has now been resolved in Enzo’s
favor by the interference judgment.
About Enzo
Enzo Biochem, Inc., is a growth-oriented integrated life sciences and
biotechnology company focused on harnessing biological process to
develop research tools, diagnostics and therapeutics, and serves as a
provider of test services, including exotic tests, to the medical
community. Since our founding in 1976, our strategic focus has been on
the development of enabling technologies in the life sciences field.
Enzo Life Sciences develops, produces and markets proprietary labeling
and detection products for gene sequencing, genetic analysis and
immunological research, among others. Its catalog of over 40,000
products serve the molecular biology, drug discovery and pathology
research markets worldwide. Enzo Clinical Labs division provides
laboratory services for a growing roster of physicians in the New York
Metropolitan area, as well as parts of New Jersey and Pennsylvania. Its
tests include, in addition to routine tests, capabilities for detecting
molecular infection disease, molecular oncology, autoimmune disorders
and genetics. Enzo Clinical Labs also provides clinical diagnostic
services that allow Enzo to capitalize on its extensive advanced
molecular and cytogenetic capabilities and the broader trends in
predictive and personalized diagnostics. Enzo Therapeutics is a
biopharmaceutical venture that has developed multiple novel approaches
in the areas of gastrointestinal, infectious, ophthalmic and metabolic
diseases. It has focused its efforts on developing treatment regimens
for diseases and conditions for which current treatment options are
ineffective, costly, and/or cause unwanted side effects. In the course
of the company’s research and development activities, Enzo has developed
a substantial portfolio of intellectual property assets, with 249 issued
patents worldwide and over 200 pending patent applications.
Except for historical information, the matters discussed in this news
release may be considered "forward-looking" statements within the
meaning of Section 27A of the Securities Act of 1933, as amended and
Section 21E of the Securities Exchange Act of 1934, as amended. Such
statements include declarations regarding the intent, belief or current
expectations of the Company and its management. Investors are cautioned
that any such forward-looking statements are not guarantees of future
performance and involve a number of risks and uncertainties that could
materially affect actual results. The Company disclaims any obligations
to update any forward-looking statement as a result of developments
occurring after the date of this press release.
