Enzo Biochem Inc. (NYSE: ENZ) today reported that the U.S. Supreme Court has refused to hear an appeal by Life Technologies Corp., thereby enabling it to pursue its claim for substantial damages against Applera Corporation, now Life Technologies Corporation. (NASDAQ: LIFE).
The Supreme Court’s action leaves intact a decision from the Court of Appeals for the Federal Circuit vacating a judgment of invalidity of United States Patent Nos. 5,328,824 and 5,449,767 in the District of Connecticut. The asserted patents cover pioneering technologies relating to compounds used in DNA sequencing systems to read the genetic code.
The Company stated that this ruling will have a positive impact on resolution of the pending actions that Enzo brought in New York, which involve additional defendants, patents and contract issues. Defendants in those suits include Amersham PLC, Amersham Biosciences, Roche Diagnostics, PerkinElmer, Inc., PerkinElmer Life Sciences, Inc, Molecular Probes, Inc. (a subsidiary of Life Technologies), Orchid Cellmark, Inc. (currently the subject of a tender offer from Laboratory Corporation of America) and Affymetrix, Inc.
Enzo’s actions against Life Technologies and its subsidiaries in both Connecticut and New York include claims of direct and indirect patent infringement, misappropriation of Enzo’s proprietary and pioneering technologies related to DNA sequencing systems and related products, and breach of contract. In light of the Supreme Court’s action, Enzo is now free to aggressively assert its rights, and expects to seek an early trial date in both cases.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 30,000 products serves 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, Pennsylvania and New Jersey. 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 also developed a substantial portfolio of intellectual property asset with patent coverage across a number of key technologies.