Healthcare Industry News:  osteoporosis 

Diagnostics Litigation

 News Release - November 30, 2006

U.S. Court of Appeals Allows Enzo Biochem Patent Infringement Suit to Proceed

NEW YORK--(HSMN NewsFeed)--Enzo Biochem Inc. (NYSE:ENZ ) reported today that the U.S. Court of Appeals for the Federal Circuit (CAFC) has denied permission for an immediate interlocutory appeal, thereby allowing Enzo's patent infringement lawsuit in Connecticut Federal District Court to go forward against Applera Corp. (NYSE: ABI ) and Tropix, Inc.

Specifically, the CAFC denied petitions requesting appeal from the Markman rulings issued by the Connecticut Court on October 12, 2006 construing claim terms in six Enzo patents asserted against Applera and Tropix, thus allowing Enzo's infringement case to go forward. The alleged infringing products include Applera's Applied Biosystems' DNA sequencing products and systems as well as services.

According to Enzo's Counsel as previously reported, the Markman decision, on which the denied petitions for appeal were based, adopted substantially all of Enzo's constructions of key patent claim terms. As previously stated by Dr. Elazar Rabbani, Enzo's CEO, "this ruling paves the way for Enzo to establish infringement by defendants' sequencing products and systems, including its TaqManŽ genotyping and gene expression assays, and the gene expression microarrays used with its Expression Array System."

The patents in suit are U.S. Patent Nos. 5,328,824, 5,449,767, 5,476,928, 4,711,955, 5,082,830, and 4,994,373, which relate generally to methods and materials for detecting nucleic acid sequences.

About Enzo

Enzo Biochem is engaged in the research, development and manufacture of innovative health care products based on molecular biology and genetic engineering techniques, and in providing diagnostic services to the medical community. The Company's proprietary labeling and detection products for gene sequencing and genetic analysis are sold to the life sciences market throughout the world. The Company's therapeutic division is in various stages of clinical evaluation of its proprietary gene medicine for HIV-1 infection and its proprietary immune regulation medicines for hepatitis, uveitis, and for Crohn's Disease. Pre-clinical research is being conducted on several candidate compounds aimed at producing new mineral and organic bone, including technology that could provide therapy for osteoporosis and fractures, among other applications. The Company also holds a patent covering a method and materials for correcting point mutations or small insertions or deletions of genetic material that would allow for editing and correcting certain abnormalities in genes. The Company owns or licenses over 200 patents worldwide. For more information visit our website www.enzo.com.

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. 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.


Source: Enzo Biochem

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