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By John T. Aquino
Jan. 6 — Agilent Technologies will pay Enzo Life Sciences $9 million to settle Enzo's litigation in federal district court alleging Agilent infringed a DNA detection patent, Enzo announced Jan. 6.
Under the settlement, the parties agreed to request dismissal of all of Enzo's claims against Agilent involving U.S. Patent No. 7,064,197 (“System, array and non-porous solid support comprising fixed or immobilized nucleic acids”) in the U.S. District Court for the District of Delaware.
A joint stipulation of dismissal was filed with the court the day of the announcement.
Agilent was one of 11 life sciences company defendants Enzo sued separately for infringement of patent composition claims that can be used for diagnostic tools for detecting analytes and as therapeutic agents.
On Oct. 13, 2015, Enzo BioChem, Enzo Life Sciences' parent company, reported global revenues for the fiscal year ended July 31 of $97 million, up 2 percent from the previous year, with life sciences' revenues down 4 percent due to a 43 percent decline in third-party royalties and fluctuations in foreign currencies.
On July 6, Enzo reached a similar $7 million settlement with Luminex Inc. and Abbott Laboratories, whom Enzo had jointly sued in the same federal district court for infringement of the ‘197 patent. That settlement also dismissed claims against Luminex that it had infringed U.S. Patent Nos. 6,992,180 and 8,097,405.
On Oct. 14, Enzo announced a $10 million settlement with Affymetrix, dismissing Enzo's claims of infringement of the ‘197 patent and Affymetrix's counterclaims.
According to Enzo's press statement, the Agilent settlement has no effect on lawsuits pending in the same court against the eight remaining defendants alleged to have infringed one or more of the three patents at issue: Hologic, Abbott, Siemens Healthcare, Illumina, Becton Dickinson, Life Technologies, Gen-Probe and Roche Molecular.
On July 7, the District of Delaware issued a claim construction decision—defining the meaning of terms in a patent claim—that Enzo announced in a press statement was favorable for Enzo's position in these litigations.
Enzo was represented by Farnan LLP, Wilmington, Del., and Desmarais LLP, New York. Agilent was represented by Morris, Nichols, Arsht & Tunnell LLP, Wilmington, Del.
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