Federal Judges Toss $61M Thermo Fisher Verdict

Thermo Fisher Scientific is off the hook for paying $61 million to Enzo Biochem, after a federal appeals court threw out a lower court’s patent infringement verdict on genetic research and screening.

In a 2-1 decision, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled Monday that the Connecticut court that originally heard the case misinterpreted technical details in Enzo’s patent. The case was remanded to the lower court for reconsideration.

The lawsuit, which was filed in 2004, concerns the use of nucleotide probes that allow scientists to detect, monitor, localize and isolate small quantities of nucleic acids for use in DNA sequencing. Thermo Fisher inherited the case after purchasing Applera last year.

Enzo said it will appeal the verdict. — Elizabeth Orr