Enzo and Affymetrix Reach Settlement
The case was scheduled to go to trial this month. In a December 2013 ruling on Affymetrix’s motion for summary judgment, the Court dismissed three of Enzo’s breach-of-contract claims, leaving the claims of “use restrictions of products” and “implied covenant of good faith and fair dealing.” In 2012, the court dismissed the patent infringement claim.
New York, NY 4/23/14; New York, NY 4/24/24—Enzo Biochem has announced a settlement agreement with Affymetrix in two separate 2003 cases brought by the companies against each other. Under the settlement agreement, Affymetrix will pay Enzo $5.21 million. Enzo sued Affymetrix, alleging breach of a 1998 agreement (that was terminated in 2003) under which the company supplied Affymetrix with labeling reagents (see IBO 10/31/03). The US District Court for the Southern District of New York dismissed the case on April 23. (For more on Enzo suits, see page 3.)
