Enzo Biochem ENZ reported today that a Federal Court Judge in New
Haven, CT, has upheld the jury verdict issued in November 2012 which awarded
Enzo $48.6 million in direct infringement damages as a result of Applera
Corp., now Life Technologies, Inc. LIFE having infringed Enzo's
patent covering pioneering technologies relating to compounds used in DNA
sequencing systems to read the genetic code. The judge's ruling opens the way
for Enzo's recovery of prejudgment interest on the damages award, which should
exceed $25 million in addition to the judgment.
The Enzo action is entitled Enzo Biochem, Inc. et al. vs. Applera Corp. and
Tropix Inc. in New Haven, CT Civil Action No. 3:04cv929 (JBA).
“We are pleased with the Judge's decision which, in addition to the monetary
award, we anticipate will have a positive impact on the resolution of pending
actions that Enzo brought in the U.S. Southern District Court in New York
City, which involve additional defendants, patents and contract issues,” said
Barry Weiner, Enzo President.
In addition to leaving the jury verdict undisturbed, the Judge also denied
Life Technologies' request for a finding that Enzo's infringement claims are
barred by laches and/or equitable estoppel, as well as its motion for a new
trial and denied Enzo's request for reconsideration seeking additional
damages.
About Enzo Biochem
Enzo Biochem is a pioneer in molecular diagnostics, leading the convergence of
clinical laboratories, life sciences and therapeutics through the development
of unique diagnostic platform technologies that provide numerous advantages
over previous standards. A global company, Enzo Biochem utilizes
cross-functional teams to develop and deploy products systems and services
that meet the ever-changing and rapidly growing needs of health care both
today and into the future. Underpinning Enzo Biochem's products and
technologies is a broad and deep intellectual property portfolio, with patent
coverage across a number of key enabling technologies.
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, including those related to cash flow, gross
margins, revenues, and expenses are dependent on a number of factors outside
of the control of the company including, inter alia, the markets for the
Company's products and services, costs of goods and services, other expenses,
government regulations, litigations, and general business conditions. See Risk
Factors in the Company's Form 10-K for the fiscal year ended July 31, 2012.
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.
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