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Court Nixes ABI Appeal in Enzo Sequencer Patent-Infringement Suit; Case Will Move Ahead

NEW YORK (GenomeWeb News) — A Federal Circuit Court of Appeals has denied an appeal made by Applera in a patent-infringement suit filed against it by Enzo Biochem, Enzo said today.
The decision gives the green light to Enzo’s lawsuit, which claims that Applied Biosystems and its Tropix subsidiary infringe Enzo’s DNA-sequencing patents.
The appeal that the court turned down was filed by ABI in response to a Markman ruling in October that supported most of Enzo’s patent claims. In its suit, Enzo claims ABI’s TagMan genotyping and gene-expression arrays and expression-array system infringe certain of its IP.
That Markman ruling contradicted another Markman ruling delivered during the summer as part of a separate Enzo patent case that covers the same patents and accuses multiple defendants in New York State of infringement. That ruling said Enzo’s case could proceed but rejected much of the company’s interpretation of the patents. That suit is still ongoing.
ABI was thrust into another IP dispute with Enzo earlier this month after the US Patent and Trademark Office found that a patent application Enzo filed 24 years ago interferes with a patent covering genome sequencing technology that is owned by the California Institute of Technology and licensed exclusively to Applied Biosystems.
The USPTO has named Enzo the senior party in the interference case, which is central to ABI’s sequencing instruments. By naming Caltech the junior party in the case the patent office put ABI at a significant disadvantage.

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