Exhibit 10(t)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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:
ENZO LIFE SCIENCES, INC., :
:
Plaintiff/ :
Counterclaim Defendant, :
:
v. :
:
DIGENE CORPORATION, :
:
Defendant/ : Civil Action
Counterclaim-Plaintiff, : No. 02-212-JJF
:
v. :
:
ENZO BIOCHEM, INC., :
:
Counterclaim Defendant. :
:
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JOINT STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE
Plaintiff/Counterclaim Defendant Enzo Life Sciences, Inc.,
Defendant/Counterclaim-Plaintiff Digene Corporation and Additional Counterclaim
Defendant Enzo Biochem, Inc. have agreed to settle all claims arising out of the
pleadings in this action on terms including entry of the following Joint
Stipulation and Order of Dismissal with Prejudice and a combined Settlement and
License Agreement. Therefore, it is hereby stipulated by the parties and
Ordered, Adjudged and Decreed that:
1. This Court has jurisdiction over the subject matter of this action
and over the parties. Venue is proper in this district.
2. All claims, counterclaims and defenses brought or raised by any
party in this action are dismissed, with prejudice.
3. Each party shall bear its own costs and attorney fees for this
action.
4. This Court retains jurisdiction over the subject matter of this
action and the parties hereto for the purpose of any proceedings to enforce this
Joint Stipulation and Order of Dismissal with Prejudice and the Settlement and
License Agreement referenced herein.
5. The parties hereto waive all right to appeal from, or obtain review
of, this Joint Stipulation and Order of Dismissal with Prejudice.
IT IS SO ORDERED:
Date:
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United States District Judge
STIPULATED AND AGREED TO:
Dated: October 14, 2004 Dated: October 14, 2004
YOUNG, CONAWAY, STARGATT & MORRIS, JAMES, HITCHENS &
TAYLOR, LLP WILLIAMS LLP
/s/ Josy W. Ingersoll /s/ Richard D. Kirk
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Josy W. Ingersoll (No. 1088) Richard D. Kirk (No. 922)
The Brandywine Building 222 Delaware Avenue, 10th Floor
1000 West Street, 17th Floor P.O. Box 2306
P.O. Box 391 Wilmington, Delaware 19899
Wilmington, Delaware 19899-0391 (302) 888-6800
(302) 571-6672
Attorneys for: Attorneys for Defendant/
Plaintiff/Counterclaim Defendant Enzo Counterclaim
Life Sciences, Inc., and Additional Plaintiff Digene Corporation
Counterclaim Defendant, Enzo Biochem, Inc.
Of Counsel: Of Counsel:
KENYON & KENYON PATTON BOGGS LLP
Richard L. DeLucia Marc R. Labgold, Ph.D.
Paul M. Richter, Jr. Richard J. Oparil
One Broadway Kevin M. Bell
New York, New York 10004 8484 Westpark Drive
(212) 425-7200 McLean, Virginia 22102
(703) 744-8000
2
EXHIBIT 1
Licensed Products under this Exhibit 1 to the Agreement are the DIGENE
Hybrid Capture 1, Hybrid Capture 2, Hybrid Capture 3 and SHARP products that
were accused of infringement in the Litigation (as that term is defined in the
Agreement) and all products that DIGENE or its Affiliates have, as of the
Effective Date of the Agreement, offered for sale or sold, including test kits,
as well as systems, reagents, accessories, consumables, devices and instruments
intended for use with same, their methods or means of making, and their methods
or means of use embraced by at least one claim of the Licensed Patents.