Enzo rejects Roche settlement offer - Roche responds with lawsuit
Farmingdale. Enzo Biochem, Inc. announced that after it rejected as inadequate the latest cash offer by Roche Diagnostics GmbH to settle Enzo's claims for, inter alia, alleged breach of contract and misappropriation of Enzo's assets, Roche Diagnostics GmbH and Roche Molecular Systems, Inc. (collectively "Roche") filed suit in the U.S. District Court of the Southern District of New York against Enzo Biochem, Inc. and Enzo Life Sciences, Inc. (collectively "Enzo"). This action reflects, in Enzo's view, Roche's concern that certain products and technologies that were funneled by Affymetrix, Inc. to Roche rightfully belong to Enzo under the Enzo-Affymetrix Agreement.
The complaint seeks declaratory judgment (i) of patent invalidity with respect to Enzo's 4,994,373 patent, (ii) of no breach by Roche of its 1994 Distribution and Supply Agreement with Enzo (the "1994 Agreement"), (iii) that non-payment by Roche to Enzo for certain sales of Roche products does not constitute a breach of the 1994 Agreement, and (iv) that Enzo's claims of ownership to proprietary inventions, technology and products developed by Roche are without basis. In addition the suit claims tortious interference and unfair competition. The patent that is the subject of this action is also the subject of an existing lawsuit by Enzo against Affymetrix pending in the same court.
Enzo will vigorously protect its assets and rights and will respond appropriately to this action.
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