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ENZO Biochem Says Favorable Patent Appeals Court Decision Will Allow Pursuit of Claim for Substantial Damages

NEW YORK, NY, March 29, 2010 – Enzo Biochem Inc. (NYSE:ENZ) said today that a decision released Friday by the Court of Appeals for the Federal Circuit reversing a district court’s summary judgment will enable the Company to pursue a claim for substantial damages against Applera Corporation, now Life Technologies Corporation. (NASDAQ: LIFE). The Court of Appeals vacated the lower court’s judgments of invalidity on United States Patent Nos. 5,328,824 and 5,449,767. 
The asserted patents cover pioneering technologies relating to compounds used in DNA sequencing systems to read the genetic code.  The complaint against Applera Corporation and its subsidiary Tropix Inc. charged patent infringement arising out of the misappropriation of Enzo’s proprietary and pioneering patented technologies related to DNA sequencing systems, and other products, as well as providing others with unauthorized and prohibited access to the patented products and technologies.
“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.
About Enzo Biochem
Enzo Biochem, Inc., is a growth-oriented integrated life sciences and biotechnology company focused on harnessing biological process to develop research tools, diagnostics and therapeutics, and serves as a provider of test services, including exotic tests, to the medical community.  Since our founding in 1976, our strategic focus has been on the development of enabling technologies in the life sciences field.  Enzo Life Sciences develops, produces and markets proprietary labeling and detection products for gene sequencing, genetic analysis and immunological research, among others. Its catalog of over 40,000 products serve the molecular biology, drug discovery and pathology research markets worldwide.  Enzo Clinical Labs provides laboratory services for a growing roster of physicians in the New York Metropolitan area, as well as parts of New Jersey and Pennsylvania.  Its tests include, in addition to routine tests, capabilities for detecting molecular infection disease, molecular oncology, autoimmune disorders and genetics.  Enzo Clinical Labs also provides clinical diagnostic services that allow Enzo to capitalize on its extensive advanced molecular and cytogenetic capabilities and the broader trends in predictive and personalized diagnostics.  Enzo Therapeutics is a biopharmaceutical venture that has developed multiple novel approaches in the areas of gastrointestinal, infectious, ophthalmic and metabolic diseases.  It has focused its efforts on developing treatment regimens for diseases and conditions for which current treatment options are ineffective, costly, and/or cause unwanted side effects.  In the course of the company’s research and development activities, Enzo has developed a substantial portfolio of intellectual property assets, with 249 issued patents worldwide and over 200 pending patent applications.
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.
     For: Enzo Biochem, Inc.
     Steven Anreder, 212-532-3232       or    Michael Wachs, CEOcast, Inc., 212-732-4300