U.S. Supreme Court Declines Life Technologies Appeal Hearing in Patent Infringement Suit Brought by Enzo Biochem Claiming Substantial Damages

Enzo Biochem Inc.

today reported that the U.S. Supreme Court has refused to hear an appeal by Life Technologies Corp., thereby enabling it to pursue its claim for substantial damages against Applera Corporation, now Life Technologies Corporation.

. The Supreme Court's action leaves intact a decision from the Court of Appeals for the Federal Circuit vacating a judgment of invalidity of United States Patent Nos. 5,328,824 and 5,449,767 in the District of Connecticut. The asserted patents cover pioneering technologies relating to compounds used in DNA sequencing systems to read the genetic code. The Company stated that this ruling will have a positive impact on resolution of the pending actions that Enzo brought in New York, which involve additional defendants, patents and contract issues. Defendants in those suits include Amersham PLC, Amersham Biosciences, Roche Diagnostics, PerkinElmer, Inc., PerkinElmer Life Sciences, Inc, Molecular Probes, Inc. (a subsidiary of Life Technologies), Orchid Cellmark, Inc. (currently the subject of a tender offer from Laboratory Corporation of America) and Affymetrix, Inc.