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Enzo Biochem, Inc. v. Applera Corp.

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Before MICHEL, Chief Judge, PLAGER, and LINN, Circuit Judges.

Enzo Biochem, Inc., Enzo Life Sciences, Inc., and Yale University (collectively, “Enzo”) appeal the grant of summary judgment by the U.S. District Court for the District of Connecticut in favor of Applera Corp. and Tropix, Inc. (collectively, “Applera”) that all asserted claims of U.S. Patents No. 5,328,824 (“the ’824 patent”), No. 5,449,767 (“the ’767 patent”), and No. 5,476,928 (“the ’928 patent”) are invalid as either indefinite or anticipated, and that U.S. Patent No. 5,082,830 (“the ’830 patent”) is not infringed. Enzo Biochem, Inc. v. Applera Corp., No. 3:04-CV-929 (D. Conn. Mar. 5, 2009). Because we conclude that the claims of the ’824 and ’767 patents are not indefinite, and because we find genuine issues of material fact as to anticipation, we reverse the district court’s summary judgment of invalidity of those two patents. Although we find that the ’928 patent is not indefinite, we affirm the district court’s judgment of anticipation as to that patent. Because the district court correctly construed the claims of the ’830 patent, under which the patent is not infringed, we affirm the judgment of noninfringement. The case is remanded.

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