Enzo Biochem Announces Upcoming Litigation Schedule

Enzo Biochem, Inc. (NYSE:ENZ) (“Enzo”, “the Company”) today issued an update on its ongoing litigation surrounding the protection of its intellectual property and contractual rights. Two of the cases, in which Enzo is the Plaintiff, are scheduled for jury trials. Both cases will be tried in the United States District Court for the Southern District of New York in New York City.
  • In the case of Enzo Biochem v. PerkinElmer, 03-cv-03817, the Court has scheduled a jury trial to begin March 18, 2014.
  • In the case of Enzo Life Sciences v. Affymetrix, 04-cv-01555, a jury trial has been scheduled for May 5, 2014.

Enzo sued PerkinElmer for, among other things, breach of contract and patent infringement, claiming that the company was subject to an agreement to distribute Enzo’s patented nucleotide labeling technologies for research purposes, but then distributed the technologies for clinical use without Enzo’s authorization. Enzo sued Affymetrix for, among other things, breaching their distribution agreement by misappropriating Enzo technologies and manufacturing and selling Enzo products in violation of the terms of the agreement.

In a recent ruling, another Federal Court, the United States District Court for the District of Connecticut, awarded Enzo over $61.0 million in damages and interest in connection with Enzo’s patent infringement lawsuit against Applera Corp., now Life Technologies, Inc.

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.

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, including those related to cash flow, gross margins, revenues, and expenses are dependent on a number of factors outside of the control of the company including, inter alia, the markets for the Company’s products and services, costs of goods and services, other expenses, government regulations, litigations, and general business conditions. See Risk Factors in the Company’s Form 10-K for the fiscal year ended July 31, 2013. 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.

Copyright Business Wire 2010

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