Judge Grants Summary Judgment For Gen-Probe In Enzo's Patent Suit

Law360, New York (July 28, 2004, 12:00 AM EDT) -- A federal court has has granted summary judgment in Gen-Probe's favor in a long-running patent infringement lawsuit brought by Enzo Biochem for products for the diagnosis of gonorrhea.

The U.S. District Court for the Southern District of New York ruled that the patent on which Enzo's lawsuit was based is invalid, and therefore dismissed Enzo's infringement claims against Gen-Probe and its co-defendant, Becton Dickinson.

The district court granted the defendants' summary judgment motion of invalidity of the '659 patent based on the "on-sale bar," according to...
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