Court Dismisses Claims in Enzo Biotech v. Applied Biosystems

Enzo Biochem exclusively licensed the three patents (US Patent Nos. 5,476,928, 5,449,767 and 5,328,824) from Yale University. The original suit concerned six patents, but three were excluded from the case. On the day of the announcement of the decision, Enzo’s stock price dropped 27%. Enzo has patent infringement cases pending against Affymetrix, Amersham Biosciences (now GE Healthcare), Orchid Biosciences, Molecular Probes (now Invitrogen) PerkinElmer and Roche.

Foster City, CA 9/7/07; New York, NY 9/7/07—-Applied Biosystems announced that the US District Court for the District of Connecticut granted its motion for summary judgment and dismissed all remaining claims in the patent infringement case brought by Enzo Biochem against Applera, Applied Biosystems’ parent company. In the lawsuit, filed in 2004, Enzo Biochem, Enzo Life Science and Yale University alleged Applied Biosystems infringed six patents related to the labeling and detection of nucleotides. The court found that the plaintiff’s claims were “invalid based on anticipation by prior art.” Enzo Biochem has filed an appeal. Enzo Biotech President Barry Weiner stated, “It should be noted that this ruling relates solely to three expired patents, and that it is unrelated to Enzo’s ongoing operating business. Nor is it related to other ongoing litigation, which we continue to prosecute.”

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