EXHIBIT 99.1
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[ENZO BIOCHEM LOGO] news
release
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Enzo Biochem, Inc.
527 Madison Avenue
New York, NY 10022
ENZO BIOCHEM, INC. FILES APPEAL TO FEDERAL COURT DECISION
NEW YORK, NY, September 7, 2007 - -- Enzo Biochem, Inc. (NYSE:ENZ)
reported today that it has filed a Notice of Appeal with the Court of Appeals
for the Federal Circuit following the grant yesterday of defendants' summary
judgment motion of patent invalidity in Enzo v. Applera et al., before the
United States District Court, District of Connecticut. Enzo's action seeks
recovery from defendants for past infringement of three pioneering patents, all
of which expired in 2004.
Enzo's lead counsel in this action, Scott Robertson of Goodwin Procter LLP,
stated, "We have reviewed the District Court's decision and respectfully believe
that the court, among other things, improperly resolved issues of fact that we
are confident Enzo would have prevailed upon at trial. Enzo has filed an appeal
with the Federal Circuit seeking to reverse this ruling and intends to
vigorously pursue its claims against defendants. We have every belief that the
Federal Circuit will overturn this decision, and that Enzo will ultimately
prevail."
The patents at issue are based on the work of Dr. David C. Ward at Yale
University. Dr Ward's patents have been recognized by the scientific and
biotechnology communities for more than 20 years as groundbreaking achievements
in the field of nucleic acid labeling and detection. Based on his work, Dr. Ward
has been inducted into the National Academy of Sciences.
Barry Weiner, President of Enzo stated, "It should be noted that this ruling
relates solely to three expired patents, and that it is unrelated to Enzo's
ongoing operating business. Nor is it related to other ongoing litigation which
we continue to prosecute. While disappointing, we believe that the ruling is not
reflective of the facts in the case and it certainly does not impact our
intellectual property portfolio of more than 200 patents."
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. Enzo's Life Sciences division develops, produces and markets
proprietary labeling and detection products for gene sequencing and genetic
analysis. Its catalog of over 300 products serves the molecular biology, drug
discovery and pathology research markets. 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 uveitis, Crohn's Disease, and NASH (non-alcoholic
steatohepatitis), and conducts pre-clinical research 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. Enzo's Clinical Labs division provides routine and esoteric
reference laboratory services for physicians in the New York Metropolitan area.
Underpinning the Company's technology and operations is an extensive
intellectual property estate in which Enzo owns or licenses over 200 patents
worldwide and has pending applications for over 180 more. 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 Michael Wachs, CEOcast, Inc., 212-732-4300