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): May 16, 2016
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):
o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 8.01. Other Events.
Enzo Life Sciences, Inc. (“Enzo Life”) a subsidiary of Enzo Biochem, Inc. entered into a Settlement and License Agreement as of May 16, 2016 (the “Agreement”) with Life Technologies Corporation, a subsidiary of Thermo Fisher Scientific, Inc., with respect to an action between Enzo Life and Life Technologies Corporation before the U.S. District Court for the District of Delaware alleging infringement of its U.S. Patents Nos. 6,992,180 entitled Oligo – or Polynucleotides Comprising Phosphate-Moiety Labeled Nucleotides and 7,064,197 entitled System, Array and Non-Porous Solid Support Comprising Fixed or Immobilized Nucleic Acids.
As a result of the Agreement, Life Technologies will pay to Enzo Life $35,000,000 no later than seven (7) business days following the effective date in settlement of the aforementioned case. This settlement resolving the dispute between Enzo Life Sciences and Life Technologies impacts only one of 11 cases originally brought by Enzo in the United States District Court for the District of Delaware alleging patent infringements against various companies, four of which are now resolved and seven of which remain pending. This settlement does not affect Enzo Life Science’s action brought in Federal District Court in New Haven, CT against Life Technologies’ predecessors Applera Corp. and Tropix, Inc, which remains on appeal in the U.S. Court of Appeals for the Federal Circuit.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
Exhibit No. | Description |
99.1 | Press Release of Enzo Biochem, Inc., dated May 16, 2016. |
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: May 16. 2016 | By: | /s/ Barry W. Weiner | |
Barry W. Weiner | |||
President |
Exhibit 99.1
Enzo Biochem, Inc. | ||
527 Madison Avenue | ||
New York, NY 10022 |
FOR IMMEDIATE RELEASE
Enzo Biochem’s Life Sciences Unit Reaches $35 Million Patent Infringement Settlement in Delaware
With Life Technologies Corporation
---
Resolved Suit
Is One of 11 Infringement Cases Brought in Delaware Federal District Court;
Seven Remain Pending
NEW YORK, NY, May 16, 2016
-- Enzo Biochem, Inc. (NYSE:ENZ) today announced that its subsidiary, Enzo Life Sciences, Inc., has reached and finalized a settlement
with Life Technologies Corporation, a subsidiary of Thermo Fisher Scientific Inc., involving payment of $35 million to Enzo in
an action brought in Delaware Federal District Court by Enzo alleging infringement of its U.S. Patents Nos. 6,992,180 entitled
Oligo - or Polynucleotides Comprising Phosphate Moiety Labeled Nucleotides and 7,064,197 entitled System, Array and Non-Porous
Solid Support Comprising Fixed or Immobilized Nucleic Acids.
Today’s settlement resolving the dispute between Enzo Life Sciences and Life Technologies
impacts only one of 11 cases originally brought by Enzo in the United States District Court for the District of Delaware alleging
patent infringements against various companies, four of which are now resolved and seven of which remain pending. This settlement
does not affect Enzo Life Science’s action brought in Federal District Court in New Haven, CT against Life Technologies’
predecessors Applera Corp. and Tropix, Inc., which remains on appeal in the U.S. Court of Appeals for the Federal Circuit.
About Enzo Biochem
Enzo Biochem is a pioneer in molecular diagnostics, leading the convergence of clinical laboratories, life sciences and intellectual property through the development of unique diagnostic platform technologies that provide numerous advantages over previous standards. A global company, Enzo Biochem utilizes cross-functional teams to develop and deploy products systems and services that meet the ever-changing and rapidly growing needs of health care both today and into the future. Underpinning Enzo Biochem’s products and technologies is a broad and deep intellectual property portfolio, with patent coverage across a number of key enabling technologies.
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, including those
related to cash flow, gross margins, revenues, and expenses are dependent on a number of factors outside of the control of the company including, inter alia, the markets for the Company’s products and services, costs of goods and services, other expenses, government regulations, litigations, and general business conditions. See Risk Factors in the Company’s Form 10-K for the fiscal year ended July 31, 2015. 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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Contact: | |
For Enzo Biochem, Inc. | |
Steven Anreder | Michael Wachs |
Anreder & Company | CEOcast, Inc. |
212-532-3232 | 212-732-4300 |
steven.anreder@anreder.com or | mwachs@ceocast.com |