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Appeals court affirms summary judgment in favor of Gen-Probe in Enzo patent lawsuit

Gen-Probe Incorporated (San Diego, CA) said that the United States Court of Appeals for the Federal Circuit has affirmed the summary judgment in favor of Gen-Probe in the patent infringement lawsuit initiated by Enzo Biochem, Inc. (New York, NY). The summary judgment was granted in July of 2004 by the United States District Court for the Southern District of New York. The District Court ruled that the patent on which Enzo's lawsuit is based is invalid and dismissed Enzo's infringement claims against Gen-Probe and its co-defendant, Becton Dickinson.

Enzo filed the infringement lawsuit in June 1999. Enzo alleged that Gen-Probe and Becton Dickinson willfully infringed United States Patent 4,900,659 through the manufacture and sale of products for the diagnosis of gonorrhea.

Gen-Probe is a global leader in the development, manufacture and marketing of rapid, accurate and cost-effective nucleic acid tests (NATs) used to diagnose human diseases and screen donated human blood. Gen-Probe markets a broad portfolio of products that use the company's patented technologies to detect infectious microorganisms, including those causing sexually transmitted diseases, tuberculosis, strep throat, pneumonia and fungal infections. The company also developed and manufactures the only FDA-approved blood-screening assay for the simultaneous detection of HIV-1 and HCV, which is marketed by Chiron Corporation. In addition, Gen-Probe's TIGRIS instrument is the only fully automated, high-throughput NAT system for diagnostics and blood screening. Gen-Probe has more than 20 years of NAT expertise, and its products are used daily in clinical laboratories and blood collection centers worldwide. Gen-Probe is headquartered in San Diego and employs approximately 900 people.

Gen-Probe Incorporated
+1-858-410-8673
www.gen-probe.com