SAN DIEGO, July 27, 2004 Read all today’s legal news, law firm news & law research at LAWFUEL
– Gen-Probe Incorporated
(Nasdaq: GPRO) announced today that the U.S. District Court for the Southern
District of New York has granted summary judgment in Gen-Probe’s favor in a
patent infringement lawsuit initiated by Enzo Biochem, Inc.
The Court ruled that the patent on which Enzo’s lawsuit was based is
invalid, and therefore dismissed Enzo’s infringement claims against Gen-Probe
and its co-defendant, Becton Dickinson.
Enzo filed the infringement lawsuit in June 1999. Enzo alleged that
Gen-Probe and Becton Dickinson willfully infringed U.S. patent no. 4,900,659
through the manufacture and sale of products for the diagnosis of gonorrhea.
Gen-Probe Incorporated is a global leader in the development, manufacture
and marketing of rapid, accurate and cost-effective nucleic acid testing
products used for the clinical diagnosis of human diseases and for screening
donated human blood. Using its patented NAT technologies, Gen-Probe has
received FDA approvals or clearances for a broad portfolio of products that
detect a variety of infectious microorganisms, including those causing
sexually transmitted diseases, tuberculosis, strep throat, pneumonia and
fungal infections. Additionally, the Company developed and manufactures the
only FDA-approved blood screening assay for the simultaneous detection of
HIV-1 and HCV, which is marketed by Chiron Corporation. Gen-Probe has
20 years of nucleic acid detection research and product development
experience, and its products are used daily in clinical laboratories and blood
collection centers throughout the world. Gen-Probe is headquartered in San
Diego, California and has nearly 800 employees. Additional information about
the Company can be found at http://www.gen-probe.com.
Caution Regarding Forward-Looking Statements
Any statements in this press release about our expectations, beliefs,
plans, objectives, assumptions or future events or performance are not
historical facts and are forward-looking statements. These statements are
often, but not always, made through the use of words or phrases such as
“believe,” “will,” “expect,” “anticipate,” “estimate,” “intend,” “plan,” and
“would.” For example, statements concerning financial condition, possible or
assumed future results of operations, growth opportunities, industry ranking,
plans and objectives of management, markets for our common stock and future
management and organizational structure are all forward-looking statements.
Forward-looking statements are not guarantees of performance. They involve
known and unknown risks, uncertainties and assumptions that may cause actual
results, levels of activity, performance or achievements to differ materially
from those expressed or implied by any forward-looking statement. For
example, there can be no assurance that Enzo will not appeal this summary
judgment, or that the case will ultimately be resolved in the Company’s favor.
The foregoing list sets forth some, but not all, of the factors that could
affect our ability to achieve results described in any forward-looking
statements. For additional information about risks and uncertainties we face
and a discussion of our financial statements and footnotes, see documents we
have filed with the SEC, including our Report on Form 10-K for the fiscal year
ended December 31, 2003 and all our periodic filings made with the SEC. We
assume no obligation and expressly disclaim any duty to update any forward-
looking statement to reflect events or circumstances after the date of this
news release or to reflect the occurrence of subsequent events.