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Enzo Biochem files suit against eight Life Science companies. (Executive Briefing).

Farmingdale, NY 10/23/02 -- Enzo Life Science's subsidiary, Enzo Biochem, filed suit against Amersham Biosciences and PerkinElmer and six other defendants in the US District Court for the Southern District of New York. The suit charges that the companies breached their contracts with Enzo Biochem, infringed Enzo Biochem's patent for labeled nucleotide products and technologies, and misused these products and technologies. Also named in the complaint are Amersham plc, PerkinElmer Life Sciences, Molecular Probes, Orchid Biosciences, Sigma-Aldrich and Sigma Chemical. Amersham, PerkinElmer and Sigma-Aldrich, which signed agreements to distribute Enzo's labeled nucleotide products, are named as Distributorship Defendants. Enzo Biochem alleges that the agreements were for the "limited rights" to distribution of the products listed in the respective agreements, and did not grant patent licenses, or allow commercial development, exploitation or manufacturing. Enzo maintains that distribution of the products was strictly for research purposes, and prohibited the selling of the products for diagnostic or therapeutic use.

Enzo claims infringement shortly after the agreements were signed, thus a ruling in favor of Enzo involving damages could have a substantial financial effect on the defendants. Enzo Biochem has previously brought patent infringement suits against Calgene, Gen Probe and Digene. The ruling in the Digene case earlier this year invalidated Enzo' patents due to a "lack of written description," raising questions as to the validity of some current biotech patents. In August, the US Court of Appeals reversed the decision and the case will be reheard.
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Comment:Enzo Biochem files suit against eight Life Science companies. (Executive Briefing).
Publication:Instrument Business Outlook
Article Type:Brief Article
Geographic Code:1USA
Date:Oct 31, 2002
Words:244
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