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Appeals court ruling clears way for Enzo Biochem to pursue claim for substantial damages against Applera

January 06, 2016

"The Appellate Court's ruling clears the way for us to pursue claims related to the broad scope of the products subject to our patents, and substantially weakens the defense of Applera with respect to their potential liability," said Elazar Rabbani, PhD, Enzo Chairman and CEO. "This decision allows us to seek redress in terms of claims for damages. When the Federal Circuit mandate issues in about three weeks, remanding the case to the District Court in New Haven, Connecticut, and assuming Applera does not seek rehearing or reconsideration, we will be able to promptly move forward with our case."

Additionally, the Court of Appeals affirmed the lower court's ruling that a construction of U.S. Patent No. 5,082,930 was not infringed and that U.S. Patent No. 5,476,918 was invalid. These rulings will not affect Enzo's claims against Applera, since Enzo believes that Applera's products are covered by US Patents 5,328,824 and/or 5,449,767.

Source Enzo Biochem