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U.S. Court of Appeals Allows Enzo Biochem Patent Infringement Suit to Proceed.


NEW YORK New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 -- Enzo Biochem Inc. (NYSE NYSE

See: New York Stock Exchange
:ENZ) reported today that the U.S. Court of Appeals for the Federal Circuit (CAFC CAFC Court of Appeals for the Federal Circuit
CAFC Canada Firearms Centre
CAFC US Court of Appeals for the Federal Circuit
CAFC Charlton Athletic Football Club (UK)
CAFC Canadian Association of Fire Chiefs
) has denied permission for an immediate interlocutory appeal, thereby allowing Enzo's patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver.  lawsuit in Connecticut Federal District Court to go forward against Applera Corp. (NYSE: ABI Abi (ā`bī) [short for Abijah], in the Bible, King Hezekiah's mother.


(Application Binary Interface) A specification for a specific hardware platform combined with the operating system.
) and Tropix, Inc.

Specifically, the CAFC denied petitions requesting appeal from the Markman rulings issued by the Connecticut Court on October 12, 2006 construing claim terms in six Enzo patents asserted against Applera and Tropix, thus allowing Enzo's infringement case to go forward. The alleged infringing products include Applera's Applied Biosystems' DNA sequencing products and systems as well as services.

According to Enzo's Counsel as previously reported, the Markman decision, on which the denied petitions for appeal were based, adopted substantially all of Enzo's constructions of key patent claim terms. As previously stated by Dr. Elazar Rabbani, Enzo's 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. , "this ruling paves the way for Enzo to establish infringement by defendants' sequencing products and systems, including its TaqMan([R]) genotyping and gene expression assays, and the gene expression microarrays used with its Expression Array System."

The patents in suit are U.S. Patent Nos. 5,328,824, 5,449,767, 5,476,928, 4,711,955, 5,082,830, and 4,994,373, which relate generally to methods and materials for detecting nucleic acid nucleic acid, any of a group of organic substances found in the chromosomes of living cells and viruses that play a central role in the storage and replication of hereditary information and in the expression of this information through protein synthesis.  sequences.

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 to the medical community. The Company's proprietary labeling and detection products for gene sequencing and genetic analysis are sold to the life sciences market throughout the world. The Company's therapeutic division is in various stages of clinical evaluation of its proprietary gene medicine for HIV-1 infection and its proprietary immune regulation medicines for hepatitis, uveitis uveitis

Inflammation of the uvea, the middle coat of the eyeball. Anterior uveitis, involving the iris or ciliary body (containing the muscle that adjusts the lens) or both, can lead to glaucoma and blindness.
, and for Crohn's Disease. Pre-clinical research is being conducted on several candidate compounds aimed at producing new mineral and organic bone, including technology that could provide therapy for osteoporosis and fractures, among other applications. 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. The Company owns or licenses over 200 patents worldwide. For more information visit our website www.enzo.com.

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 2006 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Nov 30, 2006
Words:504
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