Conflicting Markman Rulings Set Stage For Enzo Appeal

Law360 (October 16, 2006, 12:00 AM EDT) -- Biotechnology company Enzo Biochem Inc. received a favorable claim-construction ruling in its patent infringement suit against rival Applera Corp., but the judge ruled against the company on one of its patents for DNA-detecting technology.

Despite the setback for Enzo’s so-called Brakel patent, the ruling adopted most of the claims put forth by the company and its co-plaintiff, Yale University, according to Enzo attorney Scott L. Robertson, partner at Hunton & Williams.

“The ruling against the Brakel patent is not significant for us. The five other patents...
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