-----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, GYQPzd2AmcxAmm4YElTS7BJn08SZZBa1SamT8sVvr0NpAD4uuIvz5Jvev2cQF5eV JJr8eTtnno2G9N0K40JR6A== 0000930413-06-007309.txt : 20061013 0000930413-06-007309.hdr.sgml : 20061013 20061013172613 ACCESSION NUMBER: 0000930413-06-007309 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20061013 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20061013 DATE AS OF CHANGE: 20061013 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: 0731 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09974 FILM NUMBER: 061144890 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 c44737_8k.txt 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): OCTOBER 13, 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 October 13, 2006, Enzo Biochem, Inc., a New York corporation (the "Company"), issued a press release announcing that a federal court has issued a favorable ruling construing claim terms in six patents. The press release issued by the Company announcing the foregoing is included as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated by reference in its entirety into this Item 8.01. ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS. (c) EXHIBITS. EXHIBIT NO. DESCRIPTION - ---------- ----------- 99.1 Press Release of Enzo Biochem, Inc., dated October 13, 2006. 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: October 13, 2006 By: /s/ Elazar Rabbani -------------------------------- Dr. Elazar Rabbani Chairman of the Board and Chief Executive Officer EXHIBIT INDEX EXHIBIT NO. DESCRIPTION - ---------- ----------- 99.1 Press Release of Enzo Biochem, Inc., dated October 13, 2006. EX-99.1 2 c44737_ex99-1.txt 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 -----END PRIVACY-ENHANCED MESSAGE-----