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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."

About Enzo

Enzo Biochem is engaged in the research, development and manufacture of innovative health care products based on molecular biology molecular biology, scientific study of the molecular basis of life processes, including cellular respiration, excretion, and reproduction. The term molecular biology was coined in 1938 by Warren Weaver, then director of the natural sciences program at the Rockefeller  and genetic engineering techniques, and in providing diagnostic services diagnostic services,
n.pl the imaging and laboratory capabilities available for determining the cause of an illness.
 to the medical community. The Company's proprietary labeling and detection products for gene sequencing and genetic analysis, with approximately 200 patents worldwide, are sold to the life sciences market throughout the world. The Company's therapeutic division is conducting clinical trials for HIV-1-infected patients and for patients infected with hepatitis B Hepatitis B Definition

Hepatitis B is a potentially serious form of liver inflammation due to infection by the hepatitis B virus (HBV). It occurs in both rapidly developing (acute) and long-lasting (chronic) forms, and is one of the most common chronic
 and hepatitis C viruses. The Company also holds a patent covering a method and materials for correcting point mutations or small insertions or deletions of genetic material that would allow for editing and correcting certain abnormalities in genes.

Except for historical information, the matters discussed in this news release may be considered "forward-looking" statements within the meaning of Section 27A of the Securities Act of 1933, as amended and Section 21E of the Securities Exchange Act of 1934, as amended. Such statements include declarations regarding the intent, belief or current expectations of the Company and its management. Investors are cautioned that any such forward-looking statements are not guarantees of future performance and involve a number of risks and uncertainties that could materially affect actual results. The Company disclaims any obligations to update any forward-looking statement as a result of developments occurring after the date of this press release.
COPYRIGHT 2002 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Mar 18, 2002
Words:516
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