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Court Dismisses Enzo's IP-Infringement Suit Against ABI

NEW YORK (GenomeWeb News) — A US District Court in Connecticut has dismissed Enzo Biochem’s patent-infringement suit against Applied Biosystems by granting ABI’s motion for a summary judgment, ABI said today.
In the lawsuit, filed in 2004, Enzo and co-plaintiff Yale University alleged that ABI infringes six patents covering methods for modifying, preparing, and labeling nucleotides. Four of the patents were assigned to Yale and two were assigned to Enzo Life Sciences.
Specifically, Enzo and Yale said ABI’s sequencing reagent kits, its Taqman genotyping and gene expression assays, and its gene-expression microarrays infringe on Yale’s US Patent Nos. 4,476,928; 5,449,767; 5,328,824; and 4,711,955, and Enzo’s US Patent Nos. 5,082,830 and 4,994,373.
Enzo and Yale had sought monetary damages, costs, injunctions and other relief from the court.
Enzo said in a statement released this morning that it has filed a notice of appeal with the Court of Appeals for the Federal Circuit.
"While disappointing, we believe that the ruling is not reflective of the facts in the case and it certainly does not impact our intellectual property portfolio of more than 200 patents," Enzo President Barry Weiner said in the statement.

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