EXHIBIT 99.1
[ENZO LOGO OMITTED]] NEWS
RELEASE
=============
ENZO BIOCHEM, INC.
527 MADISON AVENUE
NEW YORK, NY 10022
FOR IMMEDIATE RELEASE
ENZO BIOCHEM REPORTS FAVORABLE MARKMAN RULING IN
FEDERAL COURT UPHOLDING KEY PATENT CLAIM TERMS
FARMINGDALE, NY, October 13, 2006 -- Enzo Biochem Inc. (NYSE:ENZ) reported today
that a Federal Court has issued a favorable ruling construing claim terms in six
patents asserted against Defendants Applera Corp. (NYSE:ABI) and Tropix, Inc.
The case is pending before the Honorable Judge Janet Bond Arterton in the U.S.
District Court for the District of Connecticut, New Haven Division.
According to Counsel for Enzo, the decision adopted substantially all
of Enzo's constructions of key patent claim terms. The Court ruled that "the
plain language and structure of the '824 and '767 Patents indicate that these
patents cover both direct and indirect detection." In addition, in connection
with the claim construction of the '373 Patent, the Court adopted Enzo's
definition of "soluble signal." The alleged infringing products include, among
others, Applera's Applied Biosystems' DNA sequencing products and systems as
well as services. Dr. Elazar Rabbani, Chief Executive Officer for Enzo, stated
that "this ruling paves the way for Enzo to establish infringement by
defendants' sequencing products and systems that include, among others, its
TaqMan(R) genotyping and gene expression assays, and the gene expression
microarrays used with its Expression Array System."
Recognizing the importance of its decision, the Federal Court certified
its ruling for immediate appeal to the United States Court of Appeals for the
Federal Circuit.
The involved patents are U.S. Patent Nos. 5,328,824, 5,449,767,
5,476,928, 4,711,955, 5,082,830, and 4,994,373, which relate generally to
methods and materials for detecting nucleic acid sequences.
ABOUT ENZO
Enzo Biochem is 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.
###
CONTACT:
For: Enzo Biochem, Inc.
Steve Anreder, 212-532-3232 Or Ed Lewis, CEOcast, Inc., 212-732-4300