Enzo Patent Invalid Due To Sale Of Technology Prior To Issuance

Law360 (October 3, 2005, 12:00 AM EDT) -- A patent for disease-diagnosing probes, asserted by Enzo Biochem Inc., is invalid due to a controversial transaction made more than a year before it was issued, the U.S. Court of Appeals for the Federal Circuit has ruled.

Enzo sued Gen-Probe Incorporated and Becton Dickinson and Company in June 1999 in the U.S. District Court for the Southern District of New York, claiming its patent for a gonorrhoeae-detecting nucleic acid probe had been infringed.

In July 2004, the district judge found the transaction between New York-based Enzo...
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