Enzo Biochem Reports Jury Declares Life Technologies Infringed Company Patents and Awards Enzo $48.6 Million
Enzo Biochem Inc. (NYSE:ENZ) reported yesterday that the jury in the
Enzo action entitled Enzo Biochem, Inc. et al. vs. Applera Corp. and
Tropix Inc. in New Haven, CT Civil Action No. 3:04cv929 (JBA), has
rendered its verdict that Applera Corp., now Life Technologies, Inc.
(NASDAQ:LIFE), infringed Enzo’s patents covering pioneering technologies
relating to compounds used in DNA sequencing systems to read the genetic
code. The jury awarded $48.6 million in direct infringement penalties.
In addition, a pre-judgment (interest) award will be awarded by the
Court. Attorneys for Enzo estimate that the addition of the pre-judgment
award should add additional recoveries of up to tens of millions of
dollars. The jury also found that Life Technologies’ sequencing
instruments induced its customers to infringe Enzo’s patent No.
5,449,767. The sales of such instruments are estimated to be $770
million. Enzo plans to seek damages based on the jury decision that the
sale of Life Technologies’ sequencing instruments induced infringement
of Enzo patents. Yale University was also a plaintiff.
Enzo expects that today’s decision will have a positive impact on the
resolution of pending actions that Enzo brought in the U.S. Southern
District Court in New York City, 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.(now owned by Life
Technologies), Orchid Cellmark, Inc. (now owned by Laboratory
Corporation of America) and Affymetrix, Inc.
“We are obviously very gratified and pleased with the jury’s decision,”
said Elazar Rabbani, Ph.D., Chairman and CEO of Enzo. “The technologies
subject to the litigation helped pave the way for major developments in
important areas in biological science and medicine. The case has taken
eight years, but we have finally prevailed. It is a vindication of the
investments we have made in developing and protecting our intellectual
The trial resulted from a lawsuit initially filed by Enzo in June 2004,
in the United States District Court for the District of Connecticut
against Applera Corporation and its subsidiary Tropix Inc. charging them
not only with patent infringement, but also with providing others with
unauthorized and prohibited access to the patented products and
The inventions described in the patents cover compositions and methods
for detecting and reading genetic materials. The applications for these
inventions are diverse, ranging from detecting pathogens and human
diseases, such as cancer, to decoding and analyzing the human genome.
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, 2012. 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.