Enzo Appeals Gene Patent Decision Favoring Hologic

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By Dana A. Elfin

Enzo Life Sciences Inc. is seeking to undo a district court decision finding one of its DNA detection patents was invalid ( Enzo Life Sciences, Inc. v. Hologic, Inc. , Fed. Cir., No. 17-02355, notice of appeal filed 7/31/17 ); ( Enzo Life Sciences, Inc. v. Gen-Probe, Inc. , Fed. Cir., No. 17-02354, notice of appeal filed 7/31/17 ).

The New York-based company filed two notices of appeal with the U.S. Court of Appeals for the Federal Circuit July 31. Enzo wants the appeals court to take another look at decisions in favor of Hologic Inc. and Gen-Probe Inc. (now part of Hologic). Hologic acquired San Diego-based Gen-Probe in 2012.

Enzo and Hologic, based in Marlborough, Mass., compete in the gene testing market. Depending on how the market is defined, analysts such as Grand View Research Inc. and Mordor Intelligence estimate its global value will range from $10 billion to $25 billion by 2022, so it’s no surprise that Enzo is fighting fiercely to protect its intellectual property.

Patent Invalid

Enzo is appealing a final judgment by Judge Leonard Stark of the U.S. District Court for the District of Delaware entered July 17 finding Hologic showed Enzo’s U.S. Patent No. 6,992,180 was invalid for nonenablement. Patents can be held invalid if they don’t adequately disclose the claimed invention and enable others to practice that invention without having to engage in excessive experimentation to do so.

In 2012, Enzo sued 11 life sciences companies, including Hologic and Gen-Probe, for infringement of its patents for genetic identification and testing. Although several of those companies reached settlements with Enzo, Hologic did not.

Desmarais LLP, New York, and Farnan LLP, Wilmington, Del., represent Enzo.

To contact the reporter on this story: Dana A. Elfin in Washington at delfin@bna.com

To contact the editor responsible for this story: Brian Broderick at bbroderick@bna.com

For More Information

The notice of appeal in the Hologic case is at http://src.bna.com/rfN. The notice of appeal in the Gen-Probe case is at http://src.bna.com/rgg.

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