Fed. Circ. Revives Enzo, Applera DNA Patent Case

Law360, New York (March 29, 2010, 12:20 PM EDT) -- A federal appeals court has partially overturned a final judgment for Applera Corp. in Enzo Biochem Inc.’s infringement suit over methods for detecting nucleic acids, ruling that two of the asserted patents are not invalid.

The U.S. Court of Appeals for the Federal Circuit on Friday ruled that the claims of U.S. Patent Numbers 5,328,824 and 5,449,767 are not indefinite or anticipated.

But the claims of U.S. Patent Number 5,476,928 are invalid for anticipation, and the correctly construed claims of U.S. Patent Number 5,082,830 are not...
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