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Enzo patent win

This article was originally published in The Gray Sheet

Executive Summary

Enzo Biochem managed to fend off Siemens' patent interference claim against the small biotech's pending nucleic acid signal amplification patent, which Enzo suggests forms an important basis for an already existing $100 million segment of the diagnostics market. Enzo announced May 17 that the U.S. Patent and Trademark Office had denied Siemens' request for a rehearing on whether the inventions in a DNA testing patent now owned by the diversified company were made prior to the very similar inventions in Enzo's patent. USPTO ruled in February that the substance of Enzo's claims came first. Enzo, still waiting on final approval of its patent, says the claims address aspects of Siemens' Versant branched DNA assays, among other companies' tests on the market. Enzo would not comment on plans to pursue damages from Siemens or other planned legal or licensing actions

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