UPDATE 2-Enzo wins round in Applera patent fight
* Invalidity of two patents overturned
* Case remanded to Connecticut district court
(Adds statement from Life Technologies; updates share prices)
WASHINGTON, March 26 (Reuters) - Enzo Biochem Inc (ENZ.N) has won a round in a patent fight with Applera Corp, now Life Technologies Corp (LIFE.O), over technology to label and detect nucleic acids, such as DNA and RNA.
The U.S. Court of Appeals for the Federal Circuit, considering an appeal of a summary judgment, said it was reversing a finding that two Enzo patents were invalid.
It upheld the lower court's findings that a third was invalid and that a fourth was not infringed by Applera as Enzo alleged.
Older tests to look for evidence of possible hereditary disease were often done with radioactive materials. The chemicals developed by Enzo and Yale University to make the genetic tests are not radioactive, giving them a longer shelf life and making them safer for the person administering the tests.
Enzo shares closed up 6.48 percent at $6.24 late Friday, while Life Technologies was down 0.89 percent for the day, closing at $52.09.
Life Technologies said it was pleased with the partial win.
"As a result of today's decision, the company will move forward with vigorously pursuing additional strong defenses against Enzo's remaining claims in district court," the company said in a statement.
Life Technology added that the two patents remaining at issue in the case expired in 2004.
The Enzo chemicals are also used by researchers doing genetic sequencing.
The appeals court remanded the case to the U.S. District Court for the District of Connecticut.
The case is U.S. District Court for the District of Connecticut, Case No. 3:04-CV-929. (Reporting by Diane Bartz; editing by Gerald E. McCormick editing by Andre Grenon)
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