Joint Stipulation and Order of Dismissal with Prejudice between Enzo Life Sciences, Inc., Digene Corporation, and Enzo Biochem, Inc.

Summary

Enzo Life Sciences, Inc., Digene Corporation, and Enzo Biochem, Inc. have agreed to settle all claims in a legal dispute before the U.S. District Court for the District of Delaware. As part of the settlement, all claims and counterclaims are dismissed with prejudice, meaning they cannot be brought again. Each party will pay its own legal costs and attorney fees. The court will retain jurisdiction to enforce the terms of this dismissal and the related Settlement and License Agreement. The parties also waive any right to appeal this order.

EX-10.T 3 c33997_ex-10t.txt Exhibit 10(t) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE - -----------------------------------------------------x : ENZO LIFE SCIENCES, INC., : : Plaintiff/ : Counterclaim Defendant, : : v. : : DIGENE CORPORATION, : : Defendant/ : Civil Action Counterclaim-Plaintiff, : No. 02-212-JJF : v. : : ENZO BIOCHEM, INC., : : Counterclaim Defendant. : : - ------------------------------------------------------x JOINT STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE Plaintiff/Counterclaim Defendant Enzo Life Sciences, Inc., Defendant/Counterclaim-Plaintiff Digene Corporation and Additional Counterclaim Defendant Enzo Biochem, Inc. have agreed to settle all claims arising out of the pleadings in this action on terms including entry of the following Joint Stipulation and Order of Dismissal with Prejudice and a combined Settlement and License Agreement. Therefore, it is hereby stipulated by the parties and Ordered, Adjudged and Decreed that: 1. This Court has jurisdiction over the subject matter of this action and over the parties. Venue is proper in this district. 2. All claims, counterclaims and defenses brought or raised by any party in this action are dismissed, with prejudice. 3. Each party shall bear its own costs and attorney fees for this action. 4. This Court retains jurisdiction over the subject matter of this action and the parties hereto for the purpose of any proceedings to enforce this Joint Stipulation and Order of Dismissal with Prejudice and the Settlement and License Agreement referenced herein. 5. The parties hereto waive all right to appeal from, or obtain review of, this Joint Stipulation and Order of Dismissal with Prejudice. IT IS SO ORDERED: Date: ------------------------ ---------------------------- United States District Judge STIPULATED AND AGREED TO: Dated: October 14, 2004 Dated: October 14, 2004 YOUNG, CONAWAY, STARGATT & MORRIS, JAMES, HITCHENS & TAYLOR, LLP WILLIAMS LLP /s/ Josy W. Ingersoll /s/ Richard D. Kirk - --------------------------------- -------------------------------- Josy W. Ingersoll (No. 1088) Richard D. Kirk (No. 922) The Brandywine Building 222 Delaware Avenue, 10th Floor 1000 West Street, 17th Floor P.O. Box 2306 P.O. Box 391 Wilmington, Delaware 19899 Wilmington, Delaware ###-###-#### ###-###-#### ###-###-#### Attorneys for: Attorneys for Defendant/ Plaintiff/Counterclaim Defendant Enzo Counterclaim Life Sciences, Inc., and Additional Plaintiff Digene Corporation Counterclaim Defendant, Enzo Biochem, Inc. Of Counsel: Of Counsel: KENYON & KENYON PATTON BOGGS LLP Richard L. DeLucia Marc R. Labgold, Ph.D. Paul M. Richter, Jr. Richard J. Oparil One Broadway Kevin M. Bell New York, New York 10004 8484 Westpark Drive ###-###-#### McLean, Virginia 22102 ###-###-#### 2 EXHIBIT 1 Licensed Products under this Exhibit 1 to the Agreement are the DIGENE Hybrid Capture 1, Hybrid Capture 2, Hybrid Capture 3 and SHARP products that were accused of infringement in the Litigation (as that term is defined in the Agreement) and all products that DIGENE or its Affiliates have, as of the Effective Date of the Agreement, offered for sale or sold, including test kits, as well as systems, reagents, accessories, consumables, devices and instruments intended for use with same, their methods or means of making, and their methods or means of use embraced by at least one claim of the Licensed Patents.