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Enzo, Affymetrix Enter into $5M Settlement

NEW YORK (GenomeWeb) – Affymetrix will pay $5.1 million to settle two decade-old cases with Enzo Biochem, Enzo said today.

Enzo filed suit in the US District Court for the Southern District of New York against Affymetrix in October 2002, alleging that the microarray vendor had infringed its IP by selling reagent kits for labeling probes on its chips. Affymetrix filed a complaint against Enzo the following year, alleging that the Farmingdale, NY-based firm had been asserting improperly broad rights in its portfolio, and trying to corner the market for non-radioactive labeling reagents.

The companies have now settled both cases. According to an April 22 letter Enzo filed with the court, "all parties have executed a settlement agreement resolving the claims" in the two actions. Enzo also said that the parties would file a stipulation of dismissal within the next few days.

Enzo and Affymetrix have been embroiled in a similar IP-related suit in the US District Court for the District of Delaware for the past two years. Enzo noted in its statement today that its current settlement with Affymetrix does not include the Delaware litigation.