Date: Oct 04, 2014 Author: Don Seiffert Source: bizjournals (
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An Ipswich-based maker of recombinant and native enzymes for genomic research is vowing to appeal a court decision dismissing its claims of theft of intellectual property against Enzymatics Inc.
On Wednesday, the Massachusetts Superior Court declined to rule on the lawsuit that New England Biolabs Inc. (NEB) filed against Beverly-based Enzymatics, and three of its employees, in 2011. At the time, the lawsuit sought $10 million. According to NEB, the lawsuit was set aside due to what it calls a "technicality" based on the timing of the lawsuit.
"NEB filed suit immediately upon learning from a ‘whistle-blower' and former Enzymatics employee, who participated in establishing the company, that the founders of Enzymatics had stolen and utilized NEB's confidential and proprietary information," said James Ellard, CEO of NEB in a statement. "This ruling, in our judgment, resolves nothing. It does not exonerate the defendants who stole trade secrets.... They remain culpable."
But Jon DiVincenzo, president and CEO of Enzymatics, said judgement against the claims is "not a technicality," and that the case is dismissed.
"Enzymatics is pleased that the court has dismissed all counts of NEB's complaint. Enzymatics consistently stated that it never committed or participated in any wrongdoing, and we believe the court's decision bares that out," he said in an email to the Boston Business Journal. "Enzymatics is confident that the Superior Court's well-reasoned and thorough opinion will be upheld if NEB chooses to appeal."
In June, NEB dropped two patent infringement claims that were part of its case against Enzymatics, withdrawing one and saying that another had expired anyway. At the time, Enzymatics President and CEO Jon DiVincenzo in a statement called the remaining claims of patent infrigment "baseless," and saying that Enzymatics has made a counterclaim accusing NEB of abusing legal process by asserting frivolous claims "solely for the purpose of harassment and harming its business."
Enzymatics, which makes reagents, kits and assays for life science clients, was co-founded in 2006 by Stephen Picone, now chief strategy officer, and Christopher Benoit, now chief commercial officer, both of whom formerly worked at NEB as product managers, according to Enzymatics' website. NEB, on the other hand, was established in 1974, and its more than 100 scientists discover and produce enzymes for molecular biology. Both companies are privately held.
