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Decision in Appeal of Patent Infringement Suit Involving Nucleic Acids

In Enzo Biochem. Inc. v. Applera Corp., No. 09-1281, the Federal Circuit addressed the district court's grant of summary judgment in favor of the defendants that asserted claims of plaintiff's patents were invalid as either indefinite or anticipated and that another of its patent was not infringed. 

In affirming in part and reversing in part the decision of the district court in this patent infringement suit involved patents directed to various techniques for labeling and detecting nucleic acids, the court affirmed the finding of anticipation but not finding of indefinite of patent '928.  The court found that there were genuine issues of material fact as to anticipation with respect to patents '824 and '767 and affirmed the district court's claim construction with respect to '830 patent in finding noninfringement.

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