Enzo Biochem Reports Favorable Delaware Court Markman Hearing Ruling

Download as PDF

Majority of Enzo’s Claim Constructions Adopted In Court Decision

NEW YORK--(BUSINESS WIRE)-- 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.

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, 2014. 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.

For Enzo Biochem, Inc.
Steven Anreder
Anreder & Company
212-532-3232
steven.anreder@anreder.com
or
Michael Wachs
CEOcast, Inc.
212-732-4300
mwachs@ceocast.com

Source: Enzo Biochem, Inc.

Released July 8, 2015