Enzo Biochem Files Patent Infringement Suit; Patent Covers Probes for Gonorrhea.

NEW YORK--(BUSINESS WIRE)--June 23, 1999--

Enzo Biochem, Inc. announced today that it has filed an action in U.S. District Court for the Southern District of New York for infringement of Enzo's patent covering genetic probes for detecting Neisseria gonorrhoeae in clinical specimens.

Named in the complaint as defendants were Chugai Pharmaceutical Co., Ltd. of Tokyo, Japan, and its subsidiaries Chugai Pharma U.S.A., Inc. of New York, NY and Gen-Probe, Inc. of San Diego, CA, bioMerieux, Inc. of Hazelwood, MO and its corporate parent, bioMerieux SA of France, and Becton Dickinson and Company of Franklin Lakes, NJ. The complaint charged all defendants with infringing Enzo's U.S. Patent No. 4,900,659 ("the '659 patent").

Enzo's complaint alleged that Chugai and Gen-Probe infringe Enzo's patent by manufacturing, selling and distributing in the U.S. products for detecting gonorrhea bacteria. The complaint stated that the infringing products are sold to users such as clinical laboratories and hospitals.

Enzo's complaint charged that Chugai and Gen-Probe have infringed the '659 patent through sales of their PACE 2 Neisseria gonorrhoeae assay and other genetic probes for detecting Neisseria gonorrhoeae, including probes used with the bioMerieux VIDAS instrument. The complaint also stated that Chugai and Gen-Probe further infringe Enzo's patent by actively inducing customers and users, such as clinical laboratories, to themselves infringe the '659 patent claims by using Gen-Probe's infringing products.

The complaint charged bioMerieux with infringing Enzo's patent by selling and distributing Chugai's and Gen-Probe's gonorrhea assays. It charged Becton Dickinson with infringing Enzo's patent through an automated DNA assay system, BDProbeTec(tm) ET system, that uses gonorrhea probes.

Enzo said that gross revenues to date from sales of infringing products and clinical diagnostic use associated with the various infringing Neisseria gonorrhoeae probes, together with related instruments, reagents, and the like, are believed to be in the range of hundreds of millions of dollars.

Enzo Biochem is engaged in the research, development and manufacture of innovative health care products based on molecular biology and genetic engineering techniques, and providing diagnostic services to the medical community.

This release contains forward looking statements that involve risks and uncertainties. There can be no assurance that the infringing products will be found to infringe Enzo's patent and that Enzo's patent will survive expected challenges to its validity and enforceability. Enzo has not determined the nature and amount of remedies and damages to which it would be entitled if it ultimately prevails, and makes no statement about the expected size of any damage award to which it might be entitled if it ultimately prevails.