Enzo Biochem Inc. (NYSE:ENZ) said today that a decision released Friday
by the Court of Appeals for the Federal Circuit reversing a district
court’s summary judgment will enable the Company to pursue a claim for
substantial damages against Applera Corporation, now Life Technologies
Corporation. (NASDAQ: LIFE). The Court of Appeals vacated the lower
court’s judgments of invalidity on United States Patent Nos. 5,328,824
and 5,449,767.
The asserted patents cover pioneering technologies relating to compounds
used in DNA sequencing systems to read the genetic code. The complaint
against Applera Corporation and its subsidiary Tropix Inc. charged
patent infringement arising out of the misappropriation of Enzo’s
proprietary and pioneering patented technologies related to DNA
sequencing systems, and other products, as well as providing others with
unauthorized and prohibited access to the patented products and
technologies.
"The Appellate Court’s ruling clears the way for us to pursue claims
related to the broad scope of the products subject to our patents, and
substantially weakens the defense of Applera with respect to their
potential liability,” said Elazar Rabbani, PhD, Enzo Chairman and CEO.
"This decision allows us to seek redress in terms of claims for damages.
When the Federal Circuit mandate issues in about three weeks, remanding
the case to the District Court in New Haven, Connecticut, and assuming
Applera does not seek rehearing or reconsideration, we will be able to
promptly move forward with our case.”
Additionally, the Court of Appeals affirmed the lower court’s ruling
that a construction of U.S. Patent No. 5,082,930 was not infringed and
that U.S. Patent No. 5,476,918 was invalid. These rulings will not
affect Enzo’s claims against Applera, since Enzo believes that Applera’s
products are covered by US Patents 5,328,824 and/or 5,449,767.
About Enzo Biochem
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 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.
