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Biotech / Medical : Trickle Portfolio -- Ignore unavailable to you. Want to Upgrade?

To: tuck who wrote (1243)	10/23/2002 12:03:33 PM
From: tuck	Respond to of 1784

Pfizer sues Lilly & ICOS over ED, now this. Must be National Be Kind to an Attorney Week. >>FARMINGDALE, N.Y.--(BUSINESS WIRE)--Oct. 23, 2002-- Enzo Biochem, Inc. (NYSE:ENZ - News) and its wholly owned subsidiary Enzo Life Sciences, Inc. filed an action in the U.S. District Court for the Southern District of New York against Amersham plc (NYSE:AHM - News) and PerkinElmer, Inc. (NYSE:PKI - News) charging them and six other companies with breach of contract, patent infringement, and other counts arising out of their misuse of Enzo's patented labeled nucleotide products and technologies, the Company announced today. Named in the suit as defendants are Amersham plc and its U.S. subsidiary, Amersham Biosciences, PerkinElmer, Inc. and PerkinElmer Life Sciences, Inc., Molecular Probes, Inc., Orchid Biosciences, Inc. (NASDAQ:ORCH - News), Sigma-Aldrich Corp. (NASDAQ:SIAL - News) and its subsidiary, Sigma Chemical Company, Inc.. Amersham, PerkinElmer and Sigma had previously signed agreements with Enzo to distribute Enzo's labeled nucleotide products and are referred to as "Distributor Defendants" in the Enzo complaint. The complaint alleges that the Distributorship Defendants have a limited right to distribute, strictly for research purposes, only those products listed in their respective distributorship agreements with Enzo. According to the complaint, the agreements are not patent licenses, and specifically prohibit the Distributor Defendants from selling Enzo's products for diagnostic or therapeutic use, from engaging in any commercial development or exploitation of Enzo's patented products or technologies, and from manufacturing any product covered by Enzo's patents, except as expressly authorized by Enzo. The complaint states that the Distributor Defendants began breaching their distributorship agreements shortly after signing. According to the complaint, the distributor defendants have continued to breach their agreements ever since. In addition to breaching distributorship agreements, the Distributor Defendants and the other defendants are charged with infringing Enzo's patents and improperly using Enzo's patented products and technologies and with providing others with unauthorized and prohibited access to Enzo's patented products and technologies. The Company says that Enzo's patented labeled nucleotide products and technologies are breakthrough, pioneering inventions that have proved their considerable value in applications ranging from detecting pathogens and human diseases, such as cancer, to decoding and analyzing the human genome.<< snip The Street figures the only real winners are the lawyers; last I looked, the stock of every company every suing or being sued was down. Cheers , Tuck