Life Sciences Law & Industry Report connects the dots among the many disciplines that make up the burgeoning life sciences industry, with biweekly updates on current regulatory, legislative,...
July 11 — Illumina Inc. will pay Enzo Life Sciences Inc. $21 million to settle allegations that it infringed a DNA detection patent, Enzo announced July 7 ( Enzo Life Sciences, Inc. v. Illumina, Inc., D. Del., No. 1:12-cv-00435, settlement announced 7/7/16 ).
The settlement is the fifth out of 11 lawsuits that Enzo filed in the U.S. District Court for the District of Delaware alleging infringement of patent composition claims that can be used for diagnostic tools for detecting analytes and as therapeutic agents. The other six lawsuits are still pending and aren't affected by the Illumina settlement, Enzo said in a statement and a filing with the Securities and Exchange Commission.
The deal with Illumina brings to $82 million Enzo's settlement amount in this line of cases. Enzo earlier settled with Life Technologies Corp. (10 LSLR 11, 5/27/16), Agilent Technologies (10 LSLR 01, 1/8/16), Luminex Inc. and Abbott Laboratories (9 LSLR 776, 7/10/15) and Affymetrix (9 LSLR 1141, 10/16/15).
On Oct. 13, 2015, Enzo BioChem, Enzo Life Sciences' parent company, reported global revenues for the fiscal year that ended July 31 of $97 million, up 2 percent from the previous year, with life sciences' revenues down 4 percent due in part to a 43 percent decline in third-party royalties.
In response to the parties' stipulation of dismissal, the court ordered the case dismissed on July 8.
In its April 6, 2012, complaint, Enzo alleged that Illumina's BeadArray and BeadChip technology and its DNA sequencing products had infringed Enzo's U.S. Patent No. 7,064,197 (“System, Array and Non-Porous Solid Support Comprising Fixed or Immobilized Nucleic Acids”).
Other defendants were alleged to have infringed the ‘197 patent and/or U.S. Patent No. 6,992,180 (“Oligo- or Polynucleotides Comprising Phosphate Moiety Labeled Nucleotides”) and/or U.S. Patent No. 8,097,405 (“Nucleic acid sequencing processes using non-radioactive detectable modified or labeled nucleotides or nucleotide analogs, and other processes for nucleic acid detection and chromosomal characterization using such non-radioactive detectable modified or labeled nucleotides or nucleotide analogs”).
The remaining defendants from the original 11 are: Abbott, Becton Dickinson, Gen-Probe, Hologic, Roche Molecular and Siemens Healthcare.
Enzo was represented by Farnan LLP, Wilmington, Del., and Desmarais LLP, New York. Illumina was represented by Fish & Richardson P.C., Wilmington, Del. and San Diego.
To contact the reporter on this story: John T. Aquino in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Randy Kubetin at email@example.com
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)