New Chapter in Decade Long Patent Fight Among DNA Diagnostics Leaders

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Enzo Life Science’s U.S. Patent No. 6,992,180 entitled “Oligo- or Polynucleotides Comprising Phosphate-Moiety Labeled Nucleotides” (“the ’180 patent”) issued in January of 2006.  The patent traces back to an application filed in June 1982.  After a series of continuation applications, a June 7, 1995 filing ultimately gave rise to the ’180 patent.  Because it was filed just before the GATT treaty effective date, the ‘180 patent will expire in 2023 — 17 years from the day the patent issued and 41 years after the original patent filing.

On January 30 of this year, Enzo sued Roche, Life Sciences, and Gen-Probe in the federal district court of Delaware, alleging that certain diagnostic probe products infringe the ’180 patent.  In particular, Enzo asserts that Roche’s HIV and hepatitis C diagnostic tests, Life Technologies’ TaqMan® line of assays, and Gen-Probe’s APTIMA® assays for chlamydia, gonorrhea, trichomoniasis, HPV, HIV, and hepatitis C all infringe the ’180 patent.

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