Enzo Biochem Issues Statement Asserting Digene Infringes Enzo Patent.Business Editors & Science Writers FARMINGDALE, N.Y.--(BW HealthWire)--March 18, 2002 Enzo Biochem, Inc. (NYSE NYSE See: New York Stock Exchange :ENZ) today released the following statement in regard to a complaint filed by Digene Corporation ("Digene") in the Federal District Court in Wilmington, Delaware: "Although this lawsuit was initiated by Digene, it actually seeks to have the court decide whether Enzo's patent rights in the field of "Hybrid Capture" technology were and are being violated by Digene's sale of its "Hybrid Capture" products. Enzo is the owner of U.S. Patent No. 6,221,581 B1 issued April 24, 2001. "This lawsuit follows more than eight months of negotiations and meetings between Enzo and Digene, the most recent taking place Thursday, March 14, 2002 at which Digene, represented by Evan Jones, Chairman and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. , and Patrick J. Sullivan, President and CEO of Cytyc Corporation, were participants. Mr. Sullivan also participated in one other negotiating meeting on February 26, 2002, and he was a participant in a conference call regarding this issue. These negotiations focused on Digene's request to obtain a license from Enzo for the manufacture and sale of Digene's "Hybrid Capture" product line, including its "Hybrid Capture 2 HPV HPV human papillomavirus. HPV abbr. human papilloma virus Human papilloma virus (HPV) (human papillomavirus human papillomavirus (HPV), any of a family of more than 60 viruses that cause various growths, including plantar warts and genital warts, a sexually transmitted disease. Detectable warts can be or removed, usually by chemicals, freezing, or laser, but often recur. ) DNA Test," under Enzo's `581 patent. At the March 14, 2002 negotiating meeting Digene presented an offer, and Enzo proposed a counter offer, which Digene indicated they would take under advisement Deliberation; consultation. A court takes a case under advisement after it has heard the arguments made by the counsel of opposing sides in the lawsuit but before it renders its decision. ADVISEMENT. . Digene apparently has chosen to terminate these negotiations by filing the lawsuit in Delaware. "Enzo's patent is valid and infringed by Digene, and we intend to seek monetary damages from Digene that our Company has incurred as a result of Digene's infringement, as well as a permanent injunction permanent injunction n. a final order of a court that a person or entity refrain from certain activities permanently or take certain actions (usually to correct a nuisance) until completed. barring Digene from continuing to infringe and violate Enzo's patent rights." |
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