Enzo Biochem Reports Favorable Delaware Court Markman Hearing Ruling

NEW YORK, NY — Enzo Biochem, Inc. (NYSE:ENZ) today announced that the United States District Court for the District of Delaware has issued a claim construction order governing ten ongoing patent litigations brought by Enzo against eleven companies regarding Enzo’s U.S. Patent Nos. 6,992,180; 7,064,197; and 8,097,405.

In its claim construction ruling, the Court adopted Enzo’s proposed constructions for the majority of the disputed claim terms. The Court also rejected the defendants’ argument that Enzo’s U.S Patent No. 6,992,180 is invalid for indefiniteness.

One or more of the patents addressed in the ruling is asserted against Abbott Labs, Affymetrix, Agilent, Becton Dickinson, Gen-Probe, Hologic, Illumina, Life Technologies, Roche and Siemens, and their related entities. A settlement involving the remaining defendant, Luminex, was announced earlier this week.

“We are obviously pleased with the Court’s claim construction order, which we feel will materially benefit our position in the litigation,” said Barry Weiner, Enzo President. “Our effort and focus is to receive fair compensation from all of the defendants for their use of our technology, and the Markman ruling in general should be helpful in that regard.”

In a patent claim construction hearing, also called a Markman hearing, the Judge is asked to issue rulings interpreting the language of the patents at issue in the case. Markman hearings are considered an important event in a patent lawsuit. The ruling today helps define the scope of the property rights for the technologies that Enzo has invented. Such rulings often inform many aspects of the litigation. However, there can be no assurance of the ultimate outcome of any litigation. The hearing that led to today’s order was held in August, 2014.

About Enzo Biochem

Enzo Biochem is a pioneer in molecular diagnostics, leading the convergence of clinical laboratories, life sciences and therapeutics through the development of unique diagnostic platform technologies that provide numerous advantages over previous standards. A global company, Enzo Biochem utilizes cross-functional teams to develop and deploy products systems and services that meet the ever-changing and rapidly growing needs of health care both today and into the future. Underpinning Enzo Biochem’s products and technologies is a broad and deep intellectual property portfolio, with patent coverage across a number of key enabling technologies.

< | >