EXHIBIT 99.1
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Enzo Biochem, Inc.
527 Madison Avenue
New York, NY 10022
FOR IMMEDIATE RELEASE
ENZO NAMED SENIOR PARTY IN INTERFERENCE
FOR PATENT ON BASIC DNA GEL SEQUENCING TECHNOLOGY
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ACTION INVOLVES DNA SEQUENCING PATENT HELD BY CAL TECH AND LICENSED TO ABI
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New York, NY, November 16, 2006 - Enzo Biochem, Inc. (NYSE:ENZ) ("Enzo")
announced today that the United States Patent and Trademark Office has declared
a patent interference between an allowed patent application of its subsidiary,
Enzo Life Sciences, Inc., and a patent held by California Institute of
Technology ("Cal Tech") and licensed exclusively to Applied Biosystems, Inc., a
division of Applera Corporation (NYSE:ABI). The technology involves gel
sequencing, which is the primary technique for sequencing DNA.
An interference is a proceeding brought before the U.S. Board of Patent
Appeals and Interferences when a patent and an allowed patent application claim
essentially the same invention. The purpose of the proceeding is to determine
who is the first inventor and which party owns the patent rights to the
invention. Enzo was declared the senior party in this interference because its
original application predates by over a year Cal Tech's original application.
Cal Tech's U.S. Patent No. 5,821,058 is named in the interference and was issued
in 1998.
This is a very significant development according to Hunton & Williams,
counsel for Enzo, because it will decide who owns the
rights to DNA gel sequencing.
"We at Enzo are pleased to be recognized once again for our long term
pioneering advances in the genomics field," said Elazar Rabbani, PhD., CEO and
Chairman of Enzo Biochem, Inc. "Over the past year, we have successfully
obtained significant intellectual property in the form of patents covering
microarray technology and DNA labeling, as well as recognition for our priority
claims in signal enhancement and isothermal amplification. These developments
acknowledge Enzo's leadership position in conceiving, developing and applying
fundamental technologies in life sciences," Dr. Rabbani continued.
As a widely used, fundamental tool of molecular biology, DNA sequencing is
the process by which the order of nucleotides in DNA is determined. The
technology, in line with Enzo's patent application, involves separation of
labeled DNA fragments, which can then be detected to determine their sequences.
Through the power of gel-based DNA sequencing, over 20,000 genes were identified
and the 3 billion chemical base pairs that make up human DNA were sequenced
during the 13-year U.S. Human Genome Project. Knowledge of these genes and
sequences led to critical understandings of the innermost workings in biology
and cellular machinery.
Gel sequencing is also providing tremendous insights into the molecular
basis for many genetic diseases, while at the same time contributing importantly
to enormous developments in both diagnostics and therapeutics. DNA sequencing
has more recently been applied to molecular diagnostics, forensics and
biosecurity.
According to industry statistics, sales of products related to DNA
sequencing exceed $5 billion per year. "While product and instrument sales in
this market are substantial, we estimate that this figure is significantly
higher when including diagnostic and therapeutic applications of the
technology," added Dr. Rabbani.
In an action commenced in 2004, Enzo sued Applera Corp. (which includes ABI
and Celera Genomics), and Tropix, Inc., in Federal district court in New Haven,
CT alleging infringement of six patents owned or licensed exclusively to Enzo
Life Sciences, Inc. On October 12, 2006, the Federal Judge overseeing the
Connecticut case issued a Markman ruling in adopting substantially all of Enzo's
position on key patent terms.
ABOUT ENZO
Enzo Biochem and its subsidiaries (the Company) are engaged in the
research, development and manufacture of innovative health care products based
on molecular biology and genetic engineering techniques, and in providing
diagnostic services to the medical community. The Company's proprietary labeling
and detection products for gene sequencing and genetic analysis are sold to the
life sciences market throughout the world. The Company's therapeutic division is
in various stages of clinical evaluation of its proprietary gene medicine for
HIV-1 infection and its proprietary immune regulation medicines for hepatitis,
uveitis, Crohn's disease, and for NASH and its associated metabolic syndrome.
Pre-clinical research is being conducted on several candidate compounds aimed at
producing new mineral and organic bone, including technology that could provide
therapy for osteoporosis and fractures, among other applications. The Company
also holds a patent covering a method and materials for correcting point
mutations or small insertions or deletions of genetic material that would allow
for editing and correcting certain abnormalities in genes. The Company owns or
licenses over 200 patents worldwide. For more information visit our website
www.enzo.com.
Except for historical information, the matters discussed in this news release
may be considered "forward-looking" statements within the meaning of Section 27A
of the Securities Act of 1933, as amended and Section 21E of the Securities
Exchange Act of 1934, as amended. Such statements include declarations regarding
the intent, belief or current expectations of the Company and its management.
Investors are cautioned that any such forward-looking statements are not
guarantees of future performance and involve a number of risks and uncertainties
that could materially affect actual results. The Company disclaims any
obligations to update any forward-looking statement as a result of developments
occurring after the date of this press release.
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Contacts;
For: Enzo Biochem, Inc.
Steve Anreder, 212-532-3232 Or Ed Lewis, CEOcast, Inc., 212-732-4300