Case 1:12-cv-00274-LPS Document 14 Filed 08/30/12 Page 1 of 6 PageID #: 248
`Case 1:12—cv—OO274—LPS Document 14 Filed 08/30/12 Page 1 of 6 Page|D #: 248
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`ENZO LIFE SCIENCES, INC.
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`Plaintiff,
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`v.
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`Civil Action No. 12—cv—274—LPS
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`JURY TRIAL DEMANDED
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`ABBOTT LABORATORIES; and
`ABBOTT MOLECULAR INC.
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`Defendants.
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`AMENDED COMPLAINT
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`Plaintiff Enzo Life Sciences, Inc. (“Enzo”), for its Amended Complaint against
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`Defendants Abbott Laboratories (“Abbott Labs”) and Abbott Molecular Inc. (“Abbott
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`Molecular”) (collectively “Abbott”), hereby alleges as follows:
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`PARTIES
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`1.
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`Plaintiff Enzo is a New York corporation with its principal place of business at 10
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`Executive Boulevard, Farmingdale, NY 11735.
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`2.
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`Defendant Abbott Labs is an Illinois corporation with its principal place of
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`business at 100 Abbott Park Road, Abbott Park, Illinois 60064.
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`3.
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`Defendant Abbott Molecular is a Delaware corporation with its principal place of
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`business at 1300 E. Touhy Avenue, Des Plaines, IL 60018. Abbott Molecular is a wholly
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`owned subsidiary of Abbott Labs.
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`NATURE OF THE ACTION
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`4.
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`This is a civil action for infringement of United States Patent Nos. 6,992,180 (“the
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`’180 Patent”) and 7,064,197 (“the ’197 Patent”) (collectively, “the Patents-In-Suit”) under the
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`Patent Laws ofthe United States, 35 U.S.C. § 1 et seq.
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`

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`Case 1:12—cv—OO274—LPS Document 14 Filed 08/30/12 Page 2 of 6 Page|D #: 249
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`JURISDICTION AND VENUE
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`5.
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`This Court has jurisdiction over the subject matter of this action pursuant to 28
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`U.S.C. §§ 1331 and 1338(a).
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`6.
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`This Court has personal jurisdiction over Abbott because, among other things,
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`Abbott has committed, aided, abetted, contributed to, and/or participated in the commission of
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`patent infringement in this judicial district and elsewhere that led to foreseeable harm and injury
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`to Enzo. Moreover, Abbott Molecular is a Delaware corporation which, having availed itself of
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`Delaware’s corporate laws, is subject to personal jurisdiction in Delaware.
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`7.
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`This Court also has personal jurisdiction over Abbott because, among other
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`things, Abbott has established minimum contacts within the forum such that the exercise of
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`jurisdiction over Abbott will not offend traditional notions of fair play and substantial justice.
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`Moreover, Abbott has placed products that practice the claimed inventions of the Patents-In-Suit
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`into the stream of commerce with the reasonable expectation and/or knowledge that purchasers
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`and users of such products were located within this District. Abbott has sold, advertised,
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`marketed, and distributed products in this District that practice the claimed inventions of the
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`Patents-In-Suit.
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`8.
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`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400(b).
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`The Patents-In-Suit
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`9.
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`United States Patent No. 6,992,180, entitled “Oligo- Or Polynucleotides
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`Comprising Phosphate—Moiety Labeled Nucleotides,” was duly and legally issued by the United
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`States Patent and Trademark Office on January 31, 2006. A copy of the ’ 180 Patent is attached
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`hereto as Exhibit A.
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`10.
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`Enzo is the assignee of the ’ 1 80 Patent and has the right to sue and recover
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`damages for any current or past infringement of the ’ 1 80 Patent.
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`11.
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`United States Patent No. 7,064,197, entitled “System, Array and Non—Porous
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`Solid Support Comprising Fixed or Immobilized Nucleic Acids,” was duly and legally issued by
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`

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`the United States Patent and Trademark Office on June 20, 2006. A copy of the ’197 Patent is
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`attached hereto as Exhibit B.
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`12.
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`Enzo is the assignee of the ’ 197 Patent and has the right to sue and recover
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`damages for any current or past infringement of the ’197 Patent.
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`COUNT I
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`Infringement of the ’180 Patent
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`13.
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`14.
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`Paragraphs 1 through 12 are incorporated by reference as if fully stated herein.
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`Abbott, either alone or in conjunction with others, has infringed and continues to
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`infringe, one or more claims of the ’180 Patent under 35 U.S.C. § 271, either literally and/or
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`under the doctrine of equivalents, by making, using, offering to sell, selling and/or importing into
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`the United States certain nucleic acid probe products, including without limitation products
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`involving TaqMan® probes, for example and without limitation, RealTime HBV assays
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`(collectively “Nucleic Acid Probe Products”).
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`15.
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`Abbott has had knowledge of and notice of the ’180 Patent and its infringement
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`since at least March 14, 2012, through a letter sent by Enzo to Abbott concerning the ’18O patent
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`and its infringement.
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`16.
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`Abbott has induced infringement, and continues to induce infringement, of one or
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`more claims of the ’180 Patent under 35 U.S.C. § 27l(b). Abbott actively, knowingly, and
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`intentionally induced, and continues to actively, knowingly, and intentionally induce,
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`infringement of the ’ 180 Patent by selling or otherwise supplying Nucleic Acid Probe Products;
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`with the knowledge and intent that third parties will use, sell, offer for sale, and/or import, the
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`Nucleic Acid Probe Products supplied by Abbott to infringe the ’180 Patent; and with the
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`knowledge and intent to encourage and facilitate the infringement through the dissemination of
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`the Nucleic Acid Probe Products and/or the creation and dissemination of promotional and
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`marketing materials, supporting materials, instructions, product manuals, and/or technical
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`information related to the Nucleic Acid Probe Products
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`

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`17.
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`Enzo has been and continues to be damaged by Abbott’s infringement of the ’180
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`Patent.
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`18.
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`19.
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`Abbott’s infringement of the ’l80 Patent was, and continues to be, willful.
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`Abbott’s conduct in infringing the ’l80 Patent renders this case exceptional
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`within the meaning of35 U.S.C. § 285.
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`COUNT II
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`Infringement of the ’197 Patent
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`20.
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`21.
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`Paragraphs 1 through 19 are incorporated by reference as if fully stated herein.
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`Abbott, either alone or in conjunction with others, has infringed and continues to
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`infringe, one or more claims of the ’l97 Patent under 35 U.S.C. § 271, either literally and/or
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`under the doctrine of equivalents, by making, using, offering to sell, selling and/or importing into
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`the United States certain nucleic acid array products, including without limitation products
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`involving Bead Array technology, for example and without limitation xTAG® RVP, and xTAG®
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`RVP FAST.
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`22.
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`Enzo has been and continues to be damaged by Abbott’s infringement of the ’197
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`Patent.
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`23.
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`Abbott’s conduct in infringing the ’l97 Patent renders this case exceptional
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`within the meaning of35 U.S.C. § 285.
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`PRAYER FOR RELIEF
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`WHEREFORE, Enzo respectfully requests that this Court enter judgment against Abbott
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`as follows:
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`A.
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`B.
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`C.
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`That Abbott has infringed the Patents—ln-Suit;
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`That Abbott’s infringement of the ’l 80 Patent has been willful;
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`That Enzo be awarded damages adequate to compensate it for Abbott’s past
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`infringement and any continuing or future infringement up until the date such judgment is
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`4
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`

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`entered, including interest, costs, and disbursements as justified under 35 U.S.C. § 284 and, if
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`necessary to adequately compensate Enzo for Abbott’s infringement, an accounting;
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`D.
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`That this case be declared an exceptional case within the meaning of 35 U.S.C. §
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`285;
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`E.
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`A preliminary and permanent injunction preventing Abbott, and those in active
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`concert or participation with Abbott, from directly and/or indirectly infringing the Patents-In-
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`Suit;
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`F.
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`A judgment requiring that, in the event a permanent injunction preventing future
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`acts of infringement is not granted, Enzo be awarded a compulsory ongoing licensing fee; and
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`G.
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`That Enzo be awarded such other and further relief at law or equity as this Court
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`deems just and proper.
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`DEMAND FOR JURY TRIAL
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`Plaintiff Enzo hereby demands a trial by jury on all claims and issues so triable.
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`Dated: August 30, 2012
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`FARNAN LLP
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`Respectfully submitted,
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`/s/ Briar_z E. Fgrnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 North Market Street
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`12”" Floor
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`Wilmington, DE 19801
`(302)777-0336
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`(302) 777-0301
`bfarnan@farnanlaw.com
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`Of Counsel."
`John M. Desmarais (admitted pro hace vice)
`Michael P. Stadnick (admitted pro hac vice)
`Xiao Li (admitted pro hac vice)
`Joseph C. Akalski (admitted pro hac vice)
`
`

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`Case 1:12-cv-00274-LPS Document 14 Filed 08/30/12 Page 6 of 6 PageID #: 253
`Case 1:12—cv—OO274—LPS Document 14 Filed 08/30/12 Page 6 of 6 Page|D #: 253
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`Lauren M. Nowierski (admitted pro hac
`vice)
`DESMARAIS LLP
`
`230 Park Avenue
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`New York, NY 10169
`(212) 351-3400 (Tel)
`(212) 351-3401 (Fax)
`jdesmarais@desmarais11p.com
`mstadnick@desmaraisl1p.com
`x1i@desmaraisl1p.com
`jaka1ski@desmarais1lp.com
`1nowierski@desmarais11p.com
`
`Counselfor Plaintifi’