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Enzo Reports Favorable Markman Ruling in Federal Court Upholding Key Patent Claim Terms


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Enzo Biochem Inc. has reported that a Federal Court has issued a favorable ruling construing claim terms in six patents asserted against Defendants Applera Corp. and Tropix, Inc.

The case is pending before the Honorable Judge Janet Bond Arterton in the U.S. District Court for the District of Connecticut, New Haven Division.

According to Counsel for Enzo, the decision adopted substantially all of Enzo’s constructions of key patent claim terms.

The Court ruled that "the plain language and structure of the '824 and '767 Patents indicate that these patents cover both direct and indirect detection." 

In addition, in connection with the claim construction of the '373 Patent, the Court adopted Enzo’s definition of "soluble signal."

The alleged infringing products include, among others, Applera’s Applied Biosystems’ DNA sequencing products and systems as well as services. 

Dr. Elazar Rabbani, Chief Executive Officer for Enzo, stated that, "This ruling paves the way for Enzo to establish infringement by defendants’ sequencing products and systems that include, among others, its TaqMan® genotyping and gene expression assays, and the gene expression microarrays used with its Expression Array System."

Recognizing the importance of its decision, the Federal Court certified its ruling for immediate appeal to the United States Court of Appeals for the Federal Circuit.

The involved patents 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 sequences.

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