-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, M+jNFryFB69uiztgYDYc0ZcHq6MjMMYDASxu+7ckfju3X+wpxTRYrJku+8bTPd/I FQU94fZe1Apj4BtSAyabaw== 0000911420-06-000696.txt : 20061117 0000911420-06-000696.hdr.sgml : 20061117 20061117142333 ACCESSION NUMBER: 0000911420-06-000696 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20061116 ITEM INFORMATION: Changes in Control of Registrant FILED AS OF DATE: 20061117 DATE AS OF CHANGE: 20061117 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ENZO BIOCHEM INC CENTRAL INDEX KEY: 0000316253 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-MEDICAL LABORATORIES [8071] IRS NUMBER: 132866202 STATE OF INCORPORATION: NY FISCAL YEAR END: 1106 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09974 FILM NUMBER: 061226145 BUSINESS ADDRESS: STREET 1: 60 EXECUTIVE BLVD CITY: FARMINGDALE STATE: NY ZIP: 11735 BUSINESS PHONE: 5167555500 MAIL ADDRESS: STREET 1: ENZO BIOCHEM INC STREET 2: 60 EXECUTIVE BLVD CITY: FARMINGDALE STATE: NY ZIP: 11735 8-K 1 d238224684.txt CURRENT REPORT UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of report (Date of earliest event reported): NOVENBER 16, 2006 ENZO BIOCHEM, INC. - -------------------------------------------------------------------------------- (Exact Name of Registrant as Specified in Its Charter) NEW YORK - -------------------------------------------------------------------------------- (State or Other Jurisdiction of Incorporation) 001-09974 13-2866202 - -------------------------------------------------------------------------------- (Commission File Number) (IRS Employer Identification No.) 527 MADISON AVENUE NEW YORK, NEW YORK 10022 - -------------------------------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) (212) 583-0100 - -------------------------------------------------------------------------------- (Registrant's Telephone Number, Including Area Code) - -------------------------------------------------------------------------------- (Former Name or Former Address, if Changed Since Last Report) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below): |_| Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |_| Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |_| Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) ITEM 8.01. OTHER EVENTS On November 16, 2006, the Registrant issued a press release reporting Enzo as Senior Party in an Interference. The information in this Current Report and the exhibits attached hereto are being furnished" hereunder and shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "ExchangeAct"), nor shall they be deemed incorporated by reference into any filings made by the Registrant with the Securities and Exchange Commission under the Exchange Act or the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such filings. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. ENZO BIOCHEM, INC. Date: November 16, 2006 By:/s/ Barry Weiner ------------------------------------- Barry Weiner President and Chief Financial Officer EXHIBIT INDEX Exhibit No. Description - ----------- ----------- 99.1 Press Release of Enzo Biochem, Inc., dated November 16, 2006, announcing Enzo as Senior Party in an Interference. EX-99.1 2 e238224906.txt ENZO PRESS RELEASE EXHIBIT 99.1 [OBJECT OMITTED]] [OBJECT OMITTED][GRAPHIC OMITTED] Enzo Biochem, Inc. 527 Madison Avenue New York, NY 10022 FOR IMMEDIATE RELEASE ENZO NAMED SENIOR PARTY IN INTERFERENCE FOR PATENT ON BASIC DNA GEL SEQUENCING TECHNOLOGY ---- ACTION INVOLVES DNA SEQUENCING PATENT HELD BY CAL TECH AND LICENSED TO ABI ---- New York, NY, November 16, 2006 - Enzo Biochem, Inc. (NYSE:ENZ) ("Enzo") announced today that the United States Patent and Trademark Office has declared a patent interference between an allowed patent application of its subsidiary, Enzo Life Sciences, Inc., and a patent held by California Institute of Technology ("Cal Tech") and licensed exclusively to Applied Biosystems, Inc., a division of Applera Corporation (NYSE:ABI). The technology involves gel sequencing, which is the primary technique for sequencing DNA. An interference is a proceeding brought before the U.S. Board of Patent Appeals and Interferences when a patent and an allowed patent application claim essentially the same invention. The purpose of the proceeding is to determine who is the first inventor and which party owns the patent rights to the invention. Enzo was declared the senior party in this interference because its original application predates by over a year Cal Tech's original application. Cal Tech's U.S. Patent No. 5,821,058 is named in the interference and was issued in 1998. This is a very significant development according to Hunton & Williams, counsel for Enzo, because it will decide who owns the rights to DNA gel sequencing. "We at Enzo are pleased to be recognized once again for our long term pioneering advances in the genomics field," said Elazar Rabbani, PhD., CEO and Chairman of Enzo Biochem, Inc. "Over the past year, we have successfully obtained significant intellectual property in the form of patents covering microarray technology and DNA labeling, as well as recognition for our priority claims in signal enhancement and isothermal amplification. These developments acknowledge Enzo's leadership position in conceiving, developing and applying fundamental technologies in life sciences," Dr. Rabbani continued. As a widely used, fundamental tool of molecular biology, DNA sequencing is the process by which the order of nucleotides in DNA is determined. The technology, in line with Enzo's patent application, involves separation of labeled DNA fragments, which can then be detected to determine their sequences. Through the power of gel-based DNA sequencing, over 20,000 genes were identified and the 3 billion chemical base pairs that make up human DNA were sequenced during the 13-year U.S. Human Genome Project. Knowledge of these genes and sequences led to critical understandings of the innermost workings in biology and cellular machinery. Gel sequencing is also providing tremendous insights into the molecular basis for many genetic diseases, while at the same time contributing importantly to enormous developments in both diagnostics and therapeutics. DNA sequencing has more recently been applied to molecular diagnostics, forensics and biosecurity. According to industry statistics, sales of products related to DNA sequencing exceed $5 billion per year. "While product and instrument sales in this market are substantial, we estimate that this figure is significantly higher when including diagnostic and therapeutic applications of the technology," added Dr. Rabbani. In an action commenced in 2004, Enzo sued Applera Corp. (which includes ABI and Celera Genomics), and Tropix, Inc., in Federal district court in New Haven, CT alleging infringement of six patents owned or licensed exclusively to Enzo Life Sciences, Inc. On October 12, 2006, the Federal Judge overseeing the Connecticut case issued a Markman ruling in adopting substantially all of Enzo's position on key patent terms. ABOUT ENZO Enzo Biochem and its subsidiaries (the Company) are 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. ### Contacts; For: Enzo Biochem, Inc. Steve Anreder, 212-532-3232 Or Ed Lewis, CEOcast, Inc., 212-732-4300 -----END PRIVACY-ENHANCED MESSAGE-----