SETTLEMENT
AND LICENSE AGREEMENT


 


This
SETTLEMENT AND LICENSE AGREEMENT (this “Agreement”)
is made and entered into as of the date of the last signature required by this Agreement (the “Effective
Date”) by and between Enzo Life Sciences, Inc., a
corporation organized and existing under the laws of the State of New York, having offices at 10 Executive Boulevard, Farmingdale,
NY 11735 (“Enzo”) and Illumina,
Inc., a corporation organized and existing under the laws of the State of Delaware, having offices at 5200 Illumina
Way, San Diego, CA 92122 (“Illumina”).
Enzo and Illumina are individually referred to herein as a “Party,”
and collectively as the “Parties.”


 


WITNESSETH


 


WHEREAS, Enzo has alleged that Illumina
infringes U.S. Patent No. 7,064,197 (“the
‘197 Patent”) in an action styled Enzo
Life Sciences, Inc. v. Illumina,
Inc., No. 1:12-cv-435-LPS, pending in the United States District Court for the District of Delaware (the “Litigation”);
and


 


WHEREAS,
Enzo represents and warrants that it is the owner of, with all substantive rights in and to, the Licensed Enzo Patent Rights (as
defined below) and has the exclusive right to license, collect royalties, collect past, present, or future damages, and to enforce
with legal standing, the Licensed Enzo Patent Rights; and


 


WHEREAS,
Illumina denies all liability in the Litigation; and


 


WHEREAS,
Illumina has alleged that it does not infringe the ‘197 Patent, and further, that the ‘197 Patent is invalid and unenforceable;
and


 


WHEREAS,
Enzo disputes Illumina’s allegations of invalidity, unenforceability, and non-infringement; and


 


WHEREAS,
without admitting infringement or liability and in part to avoid the necessity, expense, inconvenience, and uncertainty of additional
or continued litigation, the Parties now desire to settle the Litigation and to provide and receive certain releases, licenses
and covenants not to sue, all on the terms and conditions set forth herein; and


 


WHEREAS,
this Agreement reflects a settlement and compromise between the Parties under Federal Rule of Evidence 408 with respect to Enzo’s
claims and Illumina’s defenses in the Litigation, including without limitation on the disputed issues of patent validity,
enforceability, and infringement;


 


NOW, THEREFORE,
in consideration of the above recitals and the mutual covenants hereinafter contained and other good and valuable consideration
the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:



 



	

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SECTION
1: DEFINITIONS


 


As used
in this Agreement, the following terms shall have the following meanings:


 


“Affiliate”
means, with respect to a Party and subject to Sections 2.1 and 2.7, any Person that, on or after the Effective Date, is directly
or indirectly controlling, controlled by, or under common control with, such Party. For purposes of this Agreement, “control”
means the ability to control the direction of the management and operations of the subject Person, whether through ownership, contract
or otherwise. Control will be presumed where a Party has direct or indirect ownership of (or the contractual right to direct the
voting of) 50% or more of the voting shares, equity or other interests of the Person. Notwithstanding anything to the contrary
herein, the following Persons are not, and cannot be considered, Affiliates of Illumina for the purposes of this Agreement so long
as any patent infringement litigation or royalty obligation existing as of the Effective Date concerning the Licensed Enzo Patent
Rights remains pending between Enzo and that Person (or any Affiliate of that Person): Abbott Laboratories; Abbott Molecular, Inc.;
Becton, Dickinson and Company; Becton, Dickinson Diagnostics, Inc.; Geneohm Sciences, Inc. (now part of Becton Dickinson); Gen-Probe,
Inc. (now part of Hologic, Inc.); Hologic, Inc.; Roche Molecular Systems, Inc. (part of Hoffmann-La Roche AG); Roche Diagnostics
Corporation (part of Hoffmann-La Roche AG); Roche Diagnostics Operations Inc. (part of Hoffmann-La Roche AG); and Roche Nimblegen,
Inc. (part of Hoffmann-La Roche AG); or any Third Party that is directly or indirectly controlling, controlled by, or under common
control with any of the foregoing Persons.


 


“AmpiProbe
Technology” means nucleic acid amplification detection assays, such as quantitative polymerase chain reaction
(qPCR) assays marketed and sold by Enzo under the tradename AmpiProbe, and nucleic acid probes used therein, in which a first
amplification primer includes a first label/dye/moiety that interacts via FRET (Förster/fluorescence resonance energy transfer)
with a second label/dye/moiety attached to a second amplification primer, or to nucleic acid monomers, upon formation of a nucleic
acid amplification product incorporating the first primer and the second primer, or the first primer and the labeled nucleic acid
monomers.


 


“Cellular
Analysis Technology” means cell flow cytometry assays, cell microscopy assays and cell-on-microplate assays that
utilize nucleic acid hybridization probes. For the avoidance of doubt, Cellular Analysis Technology does not involve sequencing
of nucleic acids.


 


“Claims”
means all claims, counterclaims, counter-counterclaims, actions, causes of action, suits, demands, judgments, debts, expenses (including
attorneys’ fees and costs), losses, liabilities, and obligations of any kind and of whatever nature or character, worldwide,
whether known or unknown, asserted or unasserted, suspected or unsuspected, matured or unmatured, or whether accrued, actual, contingent,
latent or otherwise, made, asserted, or brought for any purpose, including without limitation for the purpose of recovering any
damages or for the purpose of obtaining equitable relief or any other relief or remedy of any kind.


 


“Covered
Third Party Products” means (i) any Third Party products and services, product lines, devices, systems, assays,
components, subassemblies, kits, hardware, software, or any combination of the foregoing provided to Illumina or its Affiliates
for the benefit of Illumina or


 



	

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its Affiliates
and constituting a component or element of, or that are used in combination with, any Illumina Product, but only to the extent
of such use as incorporated into such Illumina Product, or (ii) any Third Party products and services that include as a component
or element thereof any Illumina Product, but only to the extent that such Third Party products and services include as a component
or element thereof such Illumina Product.


 


“Illumina
Products” means any past, current and future products and services, product lines, devices, systems, assays, components,
subassemblies, kits, hardware, software, or any combination of the foregoing which are made, used, sold, offered for sale, distributed,
imported, or otherwise commercialized by or for Illumina or its Affiliates, and Natural Evolutions thereof, that, but for the license
granted in this Agreement, infringe (actually or allegedly) a Valid Claim of the Licensed Enzo Patent Rights. For the avoidance
of doubt, all accused products, manufactured articles, services, processes, systems, or methods that are the subject of the Litigation
are included in and constitute Illumina Products.


 


“Licensed
Enzo Patent Rights” means (i) the ‘197 Patent; (ii) any patents and patent applications
claiming priority to or through, or sharing a common priority claim with the ‘197 Patent; and (iii) any foreign
counterparts, re-issues, re-examinations, renewals, substitutes, claim amendments made in post-grant proceedings including
IPR and PGR proceedings, extensions, continuations, continuations-in-part, continuing prosecution applications, divisionals,
and national phase filings of any patents and patent applications covered in subparts (i) and (ii), whether any of the
foregoing are filed before, on or after the Effective Date, in all countries of the world.


 


“Liquid
Phase Nucleic Acid Amplification Detection Technology” means (i) AmpiProbe Technology and (ii) assays that directly
compete (now or in the future) therewith (such as, without limitation, TaqMan, Molecular Beacons, Invader, RealTime PCR, Hybridization
Protection Assay (HPA), or Scorpion technologies), where detection of the targets or analytes of interest occurs in liquid phase
(e.g., where the analyte or target is not attached to or otherwise associated with a solid support). For the avoidance of doubt,
Liquid Phase Nucleic Acid Amplification Detection Technologies do not include sample preparation or library preparation components,
products or services that do not involve liquid phase detection of nucleic acid amplification.


 


“Natural
Evolutions” means modifications, revisions, additions, enhancements, updates, upgrades, changes or similar alterations
to an original product or service, in which the original product or service retains its essential character or remains identifiable.


 


“NIPT”
means in vitro cell-free nucleic acid-based non-invasive prenatal testing (including, without limitation, testing by massively
parallel sequencing or digital PCR) of a biological sample (including but not limited to plasma, serum, whole blood, and urine)
obtained from a pregnant woman.


 


“Person”
means an individual, trust, corporation, partnership, joint venture, limited liability company, association, unincorporated organization,
or other legal entity.


 


	

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“Related
Persons” means, with respect to any Person, collectively, (a) all directors, officers, managers and employees
of such Person (to the extent acting in in such capacity); (b) all representatives, agents, attorneys and insurers of such Person
(to the extent acting in such capacity); (c) with respect to Illumina or its Affiliates only, (i) all Persons engaged in the design,
manufacture or supply of parts or components for Illumina Products on behalf of Illumina or its Affiliates (to the extent acting
in such capacity), and (ii) all direct or indirect customers, users, dealers, distributors and other purchasers of Illumina Products
from Illumina or its Affiliates (to the extent acting in such capacity); and (d) all predecessors-in-interest of such Person (in
such capacity).


 


“Third
Party” means any Person or entity other than the Parties to this Agreement and their Affiliates.


 


“Valid Claim” means
a claim of an issued patent that has not expired or been finally held invalid or unenforceable by a court or administrative body
of competent jurisdiction from which no appeal can be or is taken.


 


SECTION
2: LICENSE, RELEASES, AND COVENANTS


 


2.1 License.
Subject to Illumina’s timely payment of the Payment under Section 3.1, Enzo hereby grants (and agrees to grant) to Illumina
and its Affiliates a perpetual, irrevocable, fully paid-up, non-exclusive, non-transferable (except as set forth in Section 5),
worldwide license under the Licensed Enzo Patent Rights to, directly or indirectly, make, have made, use, import, export, market,
distribute, sell, offer for sale, and otherwise commercialize the Illumina Products and Covered Third Party Products. For the avoidance
of doubt, payment of the Payment will satisfy any and all past, present, and future obligations potentially owing to Enzo based
upon or arising in connection with commercialization of any Illumina Products or other potential infringement (direct, induced,
indirect, contributory, or otherwise) of the Licensed Enzo Patent Rights by or for Illumina and its Affiliates, and no additional
payments will be owed to Enzo or its Affiliates in connection with the license granted in this Section 2.1.


 


Illumina
and its Affiliates shall not have the right to sublicense or otherwise grant, in whole or in part, sublicenses under the Licensed
Enzo Patent Rights. The license granted herein shall not extend to cover any products of a Third Party that acquires or is acquired
by Illumina or its Affiliates on or after the Effective Date (whether by merger, consolidation, share acquisition, or acquisition
of all or substantially all assets or otherwise), including without limitation products made, used, imported, exported, distributed,
sold, offered for sale, developed, advertised, and practiced by such Third Party before the date of such acquisition. The license
granted herein shall not include any rights to the Licensed Enzo Patent Rights other than those expressly provided by this section.
No license or immunity is granted under this Agreement by Enzo, either directly or by implication, estoppel, or otherwise, to any
Person acquiring Illumina Products for the modification or combination by such Person of Illumina Products with other items other
than in the ordinary manner in the ordinary course of use of Illumina Products, or as specified in Sections 2.2 and 2.3, or as
otherwise permitted by the law of patent exhaustion.


 


2.2 Enzo
Release of Illumina. Subject to the terms and conditions hereof, including Illumina’s timely payment of the Payment
under Section 3.1, Enzo, on behalf of itself, its Affiliates, and


 


	

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their respective
legal successors and assigns (collectively, “Enzo
Releasing Parties”) hereby releases, acquits and absolutely and forever discharges Illumina and its Affiliates
(collectively, “Illumina Released Persons”)
of and from any and all Claims, whether now known or unknown, related to the alleged infringement of the Licensed Enzo Patent Rights.
The Enzo Releasing Parties also release the Illumina Released Persons from any Claim related to the Litigation or the conduct of
settlement negotiations for the Litigation (except for representations or obligations expressly included in this Agreement). The
Enzo Releasing Parties further provide a limited release to Illumina’s Related Persons for any Claim, based on conduct occurring
up to the Effective Date, for infringement of the Licensed Enzo Patent Rights by Illumina Products or Covered Third Party Products.


 


The scope
of this release is fixed as of the Effective Date. Except as expressly set forth herein, this release shall not apply to any Person,
including without limitation any Third Party, or any pre-acquisition business, assets, or products thereof, acquired by Illumina
or its Affiliates (whether by merger, consolidation, share acquisition, or acquisition of all or substantially all assets or otherwise)
after the Effective Date.


 


2.3 Limited
Enzo Covenant Not To Sue On Covered Third Party Products. Subject to the terms and conditions hereof, including Illumina’s
timely payment of the Payment under Section 3.1, Enzo, on behalf of itself and its Affiliates, covenants during the term of this
Agreement not to sue Illumina’s Related Persons for (i) infringement of the Licensed Enzo Patent Rights by an Illumina Product,
or (ii) infringement of the Licensed Enzo Patent Rights by a Covered Third Party Product. This covenant not to sue is non-assignable
by Illumina, its Affiliates or any of their respective Related Persons who benefit from this covenant not to sue.


 


2.4 Illumina
Release of Enzo. Subject to the terms and conditions hereof, Illumina, on behalf of itself, its Affiliates, and their
respective legal successors and assigns (collectively, “Illumina
Releasing Parties”) hereby releases, acquits and absolutely and forever discharges Enzo and its Affiliates (collectively,
“Enzo Released Persons”)
of and from any and all Claims, whether now known or unknown, related to the Licensed Enzo Patent Rights to the extent occurring
before the Effective Date. The Illumina Releasing Parties also release the Enzo Released Persons from any Claim related to the
Litigation or the conduct of settlement negotiations for the Litigation (except for representations or obligations expressly included
in this Agreement).


 


2.5 Covenant
Not to Challenge. After the Effective Date and for so long as Illumina’s license is in force, Illumina further
covenants on behalf of itself and its Affiliates that, except as (i) required by law or (ii) in defense of an action for infringing
the Licensed Enzo Patent Rights brought against Illumina, its Affiliates or their respective Related Persons (direct or indirect)
involving any Illumina Products or Covered Third Party Products, neither Illumina nor its Affiliates shall knowingly and voluntarily
contest (or assist in the contest) in any forum, including Federal Courts, whether under 28 U.S.C. §§ 2201-2202 or not,
the United States Patent and Trademark Office, and/or the International Trade Commission, that the Licensed Enzo Patent Rights
are valid and enforceable; provided, however, nothing in this Agreement shall prevent Illumina or its Affiliates from complying
with or responding to any court or governmental order or subpoena relating to the Licensed Enzo Patent Rights. Notwithstanding
the foregoing, nothing in this Agreement will preclude Illumina and its Affiliates from making


 


	

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any disclosure,
providing information or producing documents as required by law, court order or legal process (including, without limitation, litigation
related to discovery and/or subpoena), even if made in connection with a Claim challenging the validity or enforceability of one
or more of the Licensed Enzo Patent Rights, and any such disclosure will not be considered a breach of this Agreement. It is understood
that Illumina’s and its Affiliates’ providing factual statements regarding Illumina Products or any Covered Third Party
Products in response to a validly propounded subpoena will not be considered as assisting in the context as used above. Illumina
reserves the right to raise any and all defenses and counterclaims, including, but not limited to, invalidity and unenforceability
of the Licensed Enzo Patent Rights, and to otherwise contest the validity and enforceability of the Licensed Enzo Patent Rights
in any forum, that it could have raised in the Litigation, if the Licensed Enzo Patent Rights are asserted based on Illumina Products
or Covered Third Party Products against Illumina, its Affiliates, Related Persons and partners after the Effective Date; and Enzo
reserves the right to raise any and all claims and defenses in opposition.


 


2.6 Limited
Standstill. Subject to the terms and conditions in this Section 2.6 and Section 2.7, for a period of four (4) years
after the Effective Date of this Agreement or until the termination of this Agreement under Section 4.2, whichever is earlier (“Standstill
Period”), a Party shall not (either by itself or through an Affiliate or Third Party) initiate, file, encourage,
direct, fund or otherwise bring or participate in any claim alleging infringement (direct, indirect, induced, contributory or otherwise),
misuse or any other violation of any patents against the other Party or its Affiliates by any Standstill Covered Products (the
“Standstill”). “Standstill
Covered Products” are (i) any products or services first made, used, sold, offered for sale, imported or otherwise
commercialized by that Party or its Affiliates on or before the Effective Date, including, without limitation, with respect to
Illumina, the Illumina Products, (ii) any products or services made or sold by such Party or its Affiliates that such Party or
its Affiliates officially announced at an industry conference or other public forum before the Effective Date as part of such Party’s
or its Affiliates’ forthcoming product or service offerings, and (iii) any Natural Evolutions of a product or service covered
by (i) or (ii).


 


In addition,
as part of the Standstill, and subject to the terms and conditions in this Section 2.6 and Section 2.7, during the Standstill Period,
a Party shall not (either by itself or through an Affiliate or Third Party) initiate, file, encourage, direct, fund or otherwise
bring or participate in any claim alleging infringement of any patents against any customer (direct or indirect) of the other Party
or its Affiliates by (i) any commercial products or commercial services first made or sold by that Party or its Affiliates on or
before the Effective Date, or (ii) any commercial products or commercial services made or sold by that Party that such Party or
its Affiliates officially announced at an industry conference or other public forum before the Effective Date as part of such Party’s
or its Affiliates’ forthcoming product or service offerings , or (iii) any Natural Evolutions of a product or service covered
by (i) or (ii) (collectively, “Customer
Standstill Products”). Notwithstanding anything to the contrary herein, Customer Standstill Products do not include,
and expressly exclude, stand-alone Third Party products that infringe a Party’s patents independent of any incorporation
in or use with the other Party’s commercial products or commercial services covered by (i) or (ii) above. For clarity, customers
are protected from claims of infringement under the Standstill only with respect to such customers’ use or resale of Customer
Standstill Products, either alone or as a component or element of such


 



	

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customer’s
products or services, but in the latter case only to the extent that any claim of infringement regarding such customer’s
products and/or services is based on the Customer Standstill Product(s) incorporated in such customer’s products or services.


 


The Standstill
shall not apply to and expressly excludes intellectual property rights that claim or cover NIPT and (i) claim priority to a patent
or patent application that, as of the Effective Date, is owned or controlled by Illumina or any of its Affiliates that are existing
and qualify as Affiliates as of the Effective Date or (ii) are subject to the Pooled Patents Agreement between Illumina and Sequenom,
Inc. Notwithstanding the foregoing, in the event Illumina (either by itself or through an Affiliate) initiates, files, directs
or otherwise brings any claim against Enzo, Enzo’s Affiliates that are existing and qualify as Affiliates as of the Effective
Date, or their respective customers (direct or indirect) with respect to the Standstill Covered Products, alleging infringement
(direct, indirect, induced, contributory or otherwise), misuse or any other violation of any intellectual property rights claiming
or covering NIPT, the Parties agree that this will end the Standstill Period with respect to intellectual property rights claiming
or covering NIPT.


 


The Standstill
shall not apply to and expressly excludes any intellectual property rights that claim or cover (i) Liquid Phase Nucleic Acid Amplification
Detection Technologies, or (ii) Cellular Analysis Technologies. For the avoidance of doubt, all Illumina accused products, manufactured
articles, services, processes, systems, or methods that were the subject of the Litigation, and all other products, services, systems,
assays, components, subassemblies, kits, hardware, software, or combinations of the foregoing made or sold by Illumina or its Affiliates
on or before the Effective Date and used in Illumina’s sequencing or array workflows (excluding stand-alone Third Party products
that infringe Enzo patents independent of any incorporation in or use with Customer Standstill Products), are included within the
scope of the Standstill and, for purposes of this Agreement, are by definition not Liquid Phase Nucleic Acid Amplification Detection
Technologies or Cellular Analysis Technologies. Notwithstanding the foregoing, in the event Enzo (either by itself or through an
Affiliate) initiates, files, directs or otherwise brings any claim against either Illumina, Illumina’s Affiliates that are
existing and qualify as Affiliates as of the Effective Date with respect to the Standstill Covered Products, or their respective
customers (direct or indirect) with respect to the Customer Standstill Products, alleging infringement (direct, indirect, induced,
contributory or otherwise), misuse or any other violation of any intellectual property rights claiming or covering either (i) Liquid
Phase Nucleic Acid Amplification Detection Technologies or (ii) Cellular Analysis Technologies, the Parties agree that this will
end the Standstill Period with respect to intellectual property rights claiming or covering either (i) Liquid Phase Nucleic Acid
Amplification Detection Technologies or (ii) Cellular Analysis Technologies.


 


Each Party
hereby expressly waives and agrees to waive damages for any claims of infringement of intellectual property rights included in
the Standstill through the expiration of the Standstill Period. Each Party shall be entitled to seek damages for any claims of
infringement based on conduct occurring after the expiration of the Standstill Period, even if such conduct is identical in nature
to conduct that occurred before the expiration of the Standstill Period.


 


The foregoing
provisions of this Section 2.6 are personal to the Parties and their respective Affiliates (but, as to Affiliates, only personal
to any such Affiliates that are existing and qualify


 


	

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as Affiliates
of a Party as of the Effective Date), are non-assignable (including through acquisition), and do not apply to any other Person.
Further, these provisions shall not prevent either Party from engaging in discussions with the other Party or any other Person
regarding the licensing of its patents or from enforcing its patents against any Person other than a Party, its Affiliates, and/or
their respective customers as expressly set forth in this Section 2.6.


 


If either
Party violates this Standstill, the other Party shall be free to immediately end the Standstill Period. If a complaint for patent
infringement based on conduct occurring after the expiration of the Standstill Period is filed after expiration of the Standstill
Period, no Party may rely on the Standstill Period as a basis for any claim, counterclaim, or defense, including without limitation
an assertion of laches. Notwithstanding the foregoing, a Party still may assert any claim, counterclaim, or defense available,
including without limitation an assertion of laches, to the extent it does not specifically rely on the Standstill Period as a
basis.


 


Except with
respect to Customer Standstill Products, for purposes of this Agreement, none of the following Persons (nor their Affiliates and/or
successors) shall be deemed subject to the Standstill set forth in this section for so long as any patent infringement litigation
or royalty obligation existing as of the Effective Date remains pending between Enzo and that Person (or any Affiliate of that
Person): Abbott Laboratories; Abbott Molecular, Inc.; Becton, Dickinson and Company; Becton, Dickinson Diagnostics, Inc.; Geneohm
Sciences, Inc. (now part of Becton Dickinson); Gen-Probe, Inc. (now part of Hologic, Inc.); Hologic, Inc.; Roche Molecular Systems,
Inc. (part of Hoffmann-La Roche AG); Roche Diagnostics Corporation (part of Hoffmann-La Roche AG); Roche Diagnostics Operations
Inc. (part of Hoffmann-La Roche AG); and Roche Nimblegen, Inc. (part of Hoffmann-La Roche AG); or any Third Party that is directly
or indirectly controlling, controlled by, or under common control with any of the foregoing Person.


 


2.7 Acquisitions.
Notwithstanding anything to the contrary above, the licenses, releases, covenants, and Standstill set forth above shall exclude
any pre-acquisition products (and Natural Evolutions thereof following the date of the acquisition) of another Person that acquires
or is acquired by (whether by merger, consolidation, share acquisition, acquisition of all or substantially all assets or otherwise)
a Party (or any other Person that is directly or indirectly controlling, controlled by, or under common control with such Party)
on or after the Effective Date. The Standstill set forth above shall not apply to any action or lawsuit in which the acquired Person
is a party and that is pending as of the date of the public announcement of the acquisition of the acquired Person.


 


2.8 Modifications
and Combinations In Manner Other Than Ordinary Course. No license or immunity is granted under this Agreement by Enzo,
either directly or by implication, estoppel, or otherwise, to any Person acquiring Illumina Products for the modification or combination
by such Person of Illumina Products with other items other than (i) in the ordinary and intended manner in the ordinary course
of use of Illumina Products, (ii) as specified by Sections 2.2 and 2.3, or (iii) as otherwise permitted by the law of patent exhaustion.


 


2.9 No
Extinguishment Of Other Outstanding Royalty Obligations. For the avoidance of doubt, nothing in this Agreement shall
operate to extinguish the obligation of any Person to pay


 


	

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royalties
to Enzo or Illumina arising from an obligation outside of this Agreement (including via contract, operation of law, judicial ruling,
or otherwise).


 


2.10 No
Other Rights. No rights or covenants are granted under any patents except as expressly provided herein, whether by implication,
estoppel or otherwise. Except as expressly provided herein, no right to grant covenants, rights, sublicenses, or to become a foundry
for Third Parties is granted under this Agreement. The Parties agree that, except as expressly set forth herein for Covered Third
Party Products and Customer Standstill Products, the licenses, releases and covenants set forth in this Agreement (including Section
2) expressly exclude any methods, systems, products, services and/or components of any Third Party. The Parties further agree that,
except as expressly provided herein for Covered Third Party Products and Customer Standstill Products, this Agreement does not
cut off Enzo’s rights to enjoin, control or extract royalties with respect to such Third Party’s methods, systems,
products, services and/or components.


 


SECTION
3: MONETARY CONSIDERATION


 


3.1 Payment.
As partial consideration and total compensation for the release, license, covenant and Limited Standstill under this Agreement
and the dismissal by Enzo of the Litigation hereunder, Illumina agrees to pay to Enzo a one-time total payment of twenty-one million
U.S. Dollars ($21,000,000.00) (“Payment”),
payable by Illumina to Enzo no later than seven (7) business days following the Effective Date of this Agreement in lawful money
of the United States, in immediately available funds, by wire transfer to the following account:


 


Bank: Citibank,
N.A.


Bank Address:
666 5th Avenue, New York, NY 10103


 


Routing
No.: 021000089


Int’l
Wires: (Swift) CITIUS33


Account
Name: Desmarais LLP IOLA


Account
No.: 9981486845


 


3.2 Taxes
/ Costs. Each Party acknowledges that this Agreement may have U.S. federal and state tax (collectively, “Tax”)
or other consequences, and that the Party is not relying on any other Party for advice, representations or communications as to
any potential Tax or other consequences. This Agreement is enforceable regardless of its Tax or other consequences. The Parties
agree that they shall bear their own costs and attorneys’ fees relating to or arising from the Litigation and to the documentation
and negotiation of this Agreement. Enzo is solely responsible for its own Tax liability, if any, resulting from this Agreement.


 


3.3 Dismissal.
Within three (3) court days after the Payment of the consideration to Enzo under this Section 3 has cleared, the Parties shall
cause their respective counsel to execute and file the stipulated motion in the form set forth in Exhibit
A dismissing with prejudice all of Enzo’s Claims against Illumina in the Litigation. The Parties shall promptly
proceed with any and all additional procedures needed to dismiss the Litigation as set forth above, with each Party to bear its
own costs and attorneys’ fees. The Parties also agree to submit to the court appropriate stipulations and proposed orders
for extensions of time for all due dates in the Litigation so that


 


	

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neither
Party is required to incur unnecessary expenses in the Litigation between the Effective Date and the date the Litigation is dismissed.
The Parties acknowledge and agree that this Agreement is enforceable according to its terms with respect to final dismissal with
prejudice of all Claims in the Litigation.


 


3.4 No
Admission of Liability. This Agreement is the result of a compromise and settlement for the purpose of avoiding the
expense, inconvenience, and uncertainty of additional or continued litigation, and will not at any time be considered as an admission
of liability or responsibility, or lack thereof, on the part of Enzo or Illumina. By entering into this Agreement, neither Illumina
nor any of its Affiliates is conceding that it acted wrongfully in any fashion whatsoever. Except as expressly set forth in Section
3.1, Illumina and its Affiliates expressly deny that they are liable to Enzo in any way.


 


3.5 Total
Compensation / Full Settlement. The Parties agree that this Agreement is in full and complete settlement of the rights
and obligations of the Parties in connection with the Litigation. This Agreement may be pleaded as a defense to any action, suit
or claim and may be used as a basis for an injunction against any such action, suit, claim, or other proceeding of any type which
may be prosecuted, initiated or attempted in violation of the terms hereof. A prevailing Party is entitled to recover from the
other adverse Party its reasonable attorneys’ fees and other related legal expenses incurred in defending against any suit,
action or claim brought or attempted by the other Party in violation of the terms of this Agreement.


 


3.6 Maintenance
Fees and Annuities. Enzo, at its expense, shall pay all maintenance fees and/or annuities for all issued patents within
the Licensed Enzo Patent Rights (that are not currently expired) and shall otherwise maintain all such issued patents.


 


SECTION
4: TERM AND TERMINATION


 


4.1 Term.
The term of this Agreement shall commence upon the Effective Date and shall continue until the expiration of the enforceability
period of the last to expire patents within the Licensed Enzo Patent Rights, unless earlier terminated as set forth in Section
4.2 below.


 


4.2 Termination.
If Illumina fails to make the Payment set forth in Section 3.1 in the time frame required by Section 3.1, then Enzo may terminate
this Agreement immediately upon further written notice to that effect and the license, releases, and covenants granted by Section
2 of this Agreement shall immediately terminate, be deemed null and void ab
initio, and be of no force and effect. The licenses, covenants, and releases set forth in this Agreement are effective
as of the Effective Date and may only be terminated if Illumina fails to make the timely Payment as set forth in Section 3.1 above.
The Limited Standstill set forth in Section 2.6 is effective as of the Effective Date and may only be terminated (i) if Illumina
fails to make the timely Payment as set forth in Section 3.1 above, or (ii) as set forth in Section 2.6.


 


SECTION
5: ASSIGNMENT


 


5.1 Assignment.
Except as otherwise permitted in this Section, Illumina may not assign, delegate, or otherwise transfer this Agreement or any license
or rights hereunder without the


 


	

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prior written
consent of Enzo. The limitations on assignment set forth in this Section 5 do not apply to an internal reorganization of a Party
or its Affiliates (e.g., re-incorporation or the like). Any other purported assignment, delegation, or transfer without the prior
written consent of Enzo will be null and void ab
initio and without effect. Except as expressly provided for in Sections 2.3 and 2.6, nothing herein expressed or implied
will give or be construed to give any Third Party any legal or equitable rights hereunder.


 


5.2 Permitted Assignment by Illumina.
Notwithstanding the provisions of Section 5.1, Illumina may assign its rights under this Agreement, in whole or in part, without
Enzo’s prior written or oral consent, to a Person with whom Illumina is merged or consolidated, or who acquires all or substantially
all of Illumina’s array or sequencing product lines subject to the Litigation; provided however, that (i) any such assignment
of rights will not extend to products or services of such Person that pre-existed the acquisition (or to Natural Evolutions thereof
following the date of acquisition); and (ii) any such assignment of rights shall not relieve such Person from any obligations
that such Person may have under this Agreement or to Enzo outside of this Agreement. Any assignment or other transfer by Illumina,
or any of its Affiliates, of any rights under this Agreement to any other Person shall be subject in writing to this Agreement
and a written acknowledgment and agreement that the assignee or other transferee shall be bound by such releases and other rights
and covenants. In the event that Illumina does not continue to exist as a distinct operating entity (such as a wholly-owned subsidiary)
after the transaction, the rights of Illumina hereunder so assigned only extend to Illumina Products and Covered Third Party Products
existing as of the date of the transaction and Natural Evolutions of Illumina Products and Covered Third Party Products created
after the date of the transaction, and will not otherwise extend to any products, services, or activities of the Person prior
to, on or after the date of the transaction. The releases and covenants provided by Illumina and its Affiliates to Enzo and its
Affiliates under this Agreement shall run with the rights being assigned or transferred by Illumina and its Affiliates pursuant
to this Section 5.2 and shall be binding on any permitted successors-in-interest, transferees, or assigns thereof. For avoidance
of doubt, any such assignment of rights will not extend to any Third Party products or services existing prior to the time of
transaction or Natural Evolutions thereof. Any purported assignment, delegation, or transfer under this Section 5.2 that does
not comply with the foregoing will be null and void ab
initio and without effect.


 


5.3 Further Restriction on Assignment
by Illumina: Notwithstanding the provisions of Sections 5.1 and 5.2, in no event may this Agreement, including the license,
covenants, and rights granted hereunder, be assigned, delegated, or otherwise transferred without Enzo’s prior written consent
to any of the following: Abbott Laboratories; Abbot Molecular, Inc.; Becton, Dickinson and Company; Becton, Dickinson Diagnostics,
Inc.; Geneohm Sciences, Inc. (now part of Becton Dickinson); Gen-Probe, Inc. (now part of Hologic, Inc.); Hologic, Inc.; Roche
Molecular Systems, Inc. (part of Hoffmann-La Roche AG); Roche Diagnostics Corporation (part of Hoffmann-La Roche AG); Roche Diagnostics
Operations Inc. (part of Hoffmann-La Roche AG); and Roche Nimblegen, Inc. (part of Hoffmann-La Roche AG); or any of the respective
Affiliates of any of the foregoing (each a “Restricted Entity”), so long as any patent infringement litigation
(instituted as of the Effective Date) remains pending between Enzo and the respective aforementioned Restricted Entities. For
the avoidance of doubt, a Restricted Entity’s acquisition of Illumina by stock purchase, reverse triangular merger, or similar
transaction does not


 


	

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constitute
an assignment of the Agreement by Illumina where Illumina (or its successor entity) continues to exist as a distinct operating
entity (for example, as a wholly-owned subsidiary of the Restricted Entity) after the date of the acquisition, and the licenses,
covenants, and releases granted herein shall extend only to Illumina Products and Covered Third Party Products existing as of the
date of the acquisition (and Natural Evolutions thereof) and will not otherwise extend to any products, services, or activities
of the acquiring Restricted Entity prior to, on or after the date of the acquisition.


 


5.4 Permitted Assignment by Enzo.
All releases, licenses and other rights and covenants contained herein shall run with and burden the Licensed Enzo Patent Rights
and other intellectual property described in Section 2.6, as it applies to the releases, license and other rights and covenants
contained in Sections 2.1 through 2.6, inclusive, and shall also be binding on any successors-in-interest or assigns thereof.
Any assignment or other transfer of any of the Licensed Enzo Patent Rights to any other Person shall be subject in writing to
this Agreement and a written acknowledgment and agreement that the assignee or other transferee shall be bound by such releases,
licenses and other rights and covenants. Any purported assignment, delegation, or transfer under this Section 5.4 that does not
comply with the foregoing will be null and void ab
initio and without effect.


 


SECTION
6: MISCELLANEOUS PROVISIONS


 


6.1 Representations:


 


6.1.1 Representations by Enzo:
Enzo hereby represents and warrants that: (i) as of the Effective Date, Enzo and/or its Affiliates own the Licensed Enzo Patent
Rights, with all substantive rights in and to same, including the exclusive right to grant the license, collect royalties, collect
past, present and future damages, grant the releases and covenants with respect to the Licensed Enzo Patent Rights set forth herein,
and enforce those rights with legal standing; (ii) as of the Effective Date, it has not assigned or otherwise transferred to any
other Person any rights to the Licensed Enzo Patent Rights that would prevent Enzo from conveying the rights, releases and covenants
set forth herein; (iii) there are no liens or other encumbrances on the Licensed Enzo Patent Rights that would prevent Enzo from
entering into this Agreement; (iv) Enzo’s execution of this Agreement and the performance of Enzo’s obligations hereunder
will not violate any agreement, whether oral or written, to which Enzo or its Affiliates is a party; (v) neither Enzo nor any
of its Affiliates has granted, nor will grant, any licenses or other rights, under the Licensed Enzo Patent Rights, that would
conflict with or prevent the rights granted to Illumina and its Affiliates; and (vi) the person executing this Agreement on behalf
of Enzo has the full right and authority to enter into this Agreement on Enzo’s behalf. Notwithstanding the foregoing, if
any of Enzo’s patents are found invalid, this shall not cause a breach of the foregoing representation regarding Enzo or
its Affiliates’ right to grant the license, release, or other rights provided herein.


 


6.1.2 Illumina Representations:
Illumina represents and warrants that: (i) as of the Effective Date, Illumina has the right to grant the releases and covenants
set forth herein; and


 


	

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(ii) the
person executing this Agreement on behalf of Illumina has the full right and authority to enter into this Agreement on Illumina’s
behalf.


 


6.1.3 Disclaimer
of Representation. Nothing in this Agreement shall be construed as (i) a representation or warranty by Enzo as to the scope,
validity, or enforceability of any patent; and (ii) a representation or warranty that the manufacture, use, or sale of any products
will not utilize or infringe any intellectual property rights.


 


6.2 Confidentiality. From and after
the Effective Date, neither Party nor its Affiliates shall disclose the existence or terms of this Agreement except:


 


6.2.1 with
the prior written consent of the other Party;


 


6.2.2 to
any governmental body having jurisdiction and specifically requiring such disclosure, but only to the extent that such disclosure
is so required;


 


6.2.3 in
response to a valid document request or subpoena or as otherwise may be required by law, legal process or order of a court, provided
a protective order is in place that limits disclosure of such information to counsel only and the disclosing Party provides the
other Party with written notice at least ten (10) business days prior to disclosure to permit the other Party the opportunity to
object and/or to seek a court-entered protective order or comparable court-ordered restriction, and shall reasonably cooperate
with the other Party in its efforts to obtain that protective order and take all other reasonable actions in an effort to minimize
the nature and extent of such disclosure and obtain confidential treatment to the extent available;


 


6.2.4 for
the purposes of disclosure in connection with the Securities and Exchange Act of 1934, as amended, the Securities Act of 1933,
as amended, and any other reports filed with the Securities and Exchange Commission (expressly including, but not limited to, Form
8K disclosures), or any other filings, reports or disclosures that may be required under applicable laws or regulations, but only
to the extent that such disclosure is required under said applicable laws or regulations;


 


6.2.5 to
a Party’s accountants, legal counsel, tax advisors and other financial and legal advisors and other professional advisors
in their capacity of advising the Party in such matters, subject to obligations of confidentiality and/or privilege at least as
stringent as those contained herein;


 


6.2.6 with
obligations of confidentiality at least as stringent as those contained herein, to a counterparty in connection with a proposed
merger, acquisition, financing or similar transaction;


 


6.2.7 in
connection with tax audits or to fulfill its corporate financial reporting obligations under GAAP;


 



	

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6.2.8 with
obligations of confidentiality at least as stringent as those contained herein, by any Party and its Affiliates as required to
enforce this Agreement or establish rights hereunder;


 


6.2.9 to
officers, key shareholders and/or employees with a need to know, attorneys, accountants and directors, who are under obligations
of confidentiality (which may include professional responsibility obligations) at least as stringent as those contained herein;


 


6.2.10 to
its Affiliates, who are similarly bound by this Agreement or under obligations of confidentiality at least as stringent as those
contained herein; and


 


6.2.11 to
Third Parties who make, sell, offer to sell, export, import, distribute or otherwise commercialize any Illumina Product or who
make, sell, offer to sell, export, import, distribute or otherwise commercialize any Covered Third Party Product or Customer Standstill
Product, and who have a need to know, but only to the extent of such need to know and only under obligations of confidentiality
at least as stringent as those contained herein.


 


Notwithstanding
anything else in this Agreement to the contrary, a Party may also disclose to anyone any information that is publicly available
through no breach by that Party or its Affiliates of the confidentiality obligations hereunder.


 


6.3 Notices. All notices required
or permitted to be given hereunder shall be in writing and shall be delivered by hand, or, if dispatched by prepaid air courier,
with package tracing capabilities or by registered or certified airmail, postage prepaid, addressed as follows:


 


If
to Enzo:


 


Dr. Elazar
Rabbani


Enzo Life
Sciences, Inc.


527 Madison
Avenue


New York,
NY 10022


 


Copy to
(which does not constitute notice):


 


Michael
Stadnick


Desmarais
LLP


230 Park
Avenue


New York,
NY 10169


 


If
to Illumina:


 


Illumina,
Inc.


5200 Illumina
Way


San Diego,
California 92122


Attn: General
Counsel


 


	

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Copy to
(which does not constitute notice):


 


Craig Countryman


Fish &
Richardson P.C.


12390 El
Camino Real


San Diego,
California 92130


 


Such notices
shall be deemed to have been served when received by addressee. Either Party may give written notice of a change of address and,
after notice of such change has been received, any notice or request shall thereafter be given to such Party as above provided
at such changed address.


 


6.4 Publicity. Neither Party will
issue a press release or any other public announcement regarding this Agreement or the settlement of the Litigation unless the
other Party provides prior consent in writing. Notwithstanding the foregoing and Section 6.2 above, upon inquiry either Party
may state that Enzo and Illumina have entered into a settlement agreement.


 


6.5 Governing Law / Jurisdiction.
This Agreement and matters connected with the performance thereof shall be construed, interpreted, applied and governed in all
respects in accordance with the laws of the United States of America and the State of Delaware, without reference to conflict
of laws principles. Enzo and Illumina agree (a) that all disputes and litigation regarding this Agreement, its construction and
matters connected with its performance be subject to the exclusive jurisdiction of the state and federal courts in the District
of Delaware (the “Court”), and (b) to submit any disputes, matters of interpretation, or enforcement actions
arising with respect to the subject matter of this Agreement exclusively to the Court. The Parties hereby waive any challenge
to the jurisdiction or venue of the Court over these matters.


 


6.6 Sophisticated Parties Represented
by Counsel. Each Party warrants and represents that (i) it is a sophisticated party represented at all relevant times during
the negotiation and execution of this Agreement by counsel of its choice, and that it has executed this Agreement with the consent
and on the advice of such independent legal counsel; (ii) it and its counsel have determined through independent investigation
and robust, arm’s-length negotiation that the terms of this Agreement shall exclusively embody and govern the subject matter
of this Agreement, (iii) it investigated the facts pertinent to this Agreement as it deemed necessary, (iv) no other Person or
Party, nor any agent or attorney of a Party, made any promise, representation or warranty whatsoever, express or implied, not
contained in this Agreement concerning the subject matter of this Agreement to induce it to execute this Agreement, (v) it has
not executed this Agreement in reliance on any promise, representation or warranty whatsoever, express or implied, not contained
in this Agreement concerning the subject matter of this Agreement, and (vi) it has not executed this Agreement in reliance on
any promise, representation or warranty not contained herein. The Parties included this paragraph to preclude any claim that any
Party was fraudulently induced to execute this Agreement and to preclude the introduction of parol evidence to vary, interpret,
supplement or contradict the terms of this Agreement.


 


6.7 Bankruptcy. The Parties acknowledge
and agree that all releases, rights, covenants and licenses granted by Enzo under or pursuant to this Agreement, including the
Limited Standstill in


 



	

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Section 2.6, are, and will otherwise be
deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, as amended (the “Bankruptcy Code”),
rights of and to “intellectual property” as defined under Section 101 of the Bankruptcy Code. The Parties agree that,
notwithstanding anything else in this Agreement, Illumina and its Affiliates, as the licensee or recipients of such intellectual
property rights under this Agreement, will retain and may fully exercise all of its rights and elections under the Bankruptcy
Code (including, without limitation, Illumina and its Affiliates’ right to the continued enjoyment of the rights and licenses
granted by Enzo under this Agreement). Notwithstanding the foregoing, this Agreement shall be deemed and treated as an executory
contract under Section 365 of the Bankruptcy Code and is subject to the restrictions on assumption and assignment in Section 365(c).
Further, this provision shall not alleviate or contravene the restrictions on assignments and acquisitions set forth in this Agreement.


 


6.8 No
Laundering. The Parties understand and acknowledge that the licenses, releases, and covenants granted to Illumina and its Affiliates
by Enzo hereunder are intended to cover only the bona fide products and services of Illumina, its Affiliates and their respective
Related Persons and are not intended to cover patent laundering activities (i.e., activities that are undertaken solely for the
purpose of improperly extending licensed and other rights to cover any activity of any Third Party acting outside the scope of
Illumina’s, its Affiliates’, or their respective Related Persons’, licensed and otherwise covered activities).
The Parties further agree that a purchase of a product from a supplier and resale of such product in substantially the same form
back to the same supplier is not licensed under this Agreement. Nothing in this Agreement shall be construed to license sham sales
or sham service contracts executed by Illumina or any of its Affiliates with any Third Party solely for the purpose of improperly
extending licensed rights to cover any activity of any Third Party acting outside the scope of Illumina’s (or its Affiliates’)
licensed or otherwise covered activities.


 


6.9 Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, such provision shall be limited or eliminated
to the minimum extent necessary so that the remainder of this Agreement will continue in full force and effect and be enforceable.
The Parties agree to negotiate in good faith an enforceable substitute provision for any invalid, illegal or unenforceable provision
that most nearly achieves the intent of such provision.


 


6.10 Entire
Agreement. The Parties hereby agree that (i) this is an enforceable agreement; (ii) this Agreement constitutes the entire
and only understanding of each of them with respect to the subject matter of the Agreement, and merges, supersedes and cancels
all previous agreements and understandings, whether oral or written, with respect to the subject matter of the Agreement; (iii)
no oral explanation or oral information by any Party hereto shall alter the meaning or interpretation of this Agreement; (iv) the
terms and conditions of this Agreement may be altered, modified, changed or amended only by a written agreement that identifies
itself as an amendment to this Agreement and is executed by duly authorized representatives of each of them; (v) the language of
this Agreement has been approved by counsel for each of them, and shall be construed as a whole according to its fair meaning;
and (vi) none of the them (nor their respective counsel) shall be deemed to be the draftsman of this Agreement in any action which
may hereafter arise with respect to the Agreement.


 



	

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6.11 Modification;
Waiver. No modification or amendment to this Agreement, nor any waiver of any rights, will be effective unless assented to
in writing by the Party to be charged, and the waiver of any breach or default will not constitute a waiver of any other right
hereunder or any subsequent breach or default.


 


6.12 Construction;
Language. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party will not be
applied in the construction or interpretation of this Agreement. As used in this Agreement, the words “include” and
“including” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed
by the words “without limitation.” The terms “will” and “shall” are used synonymously. The
headings in this Agreement will not be referred to in connection with the construction or interpretation of this Agreement. This
Agreement is in the English language only, which language shall be controlling in all respects, and all notices under this Agreement
shall be in the English language.


 


6.13 Counterparts.
This Agreement may be executed in counterparts or duplicate originals, both of which shall be regarded as one and the same instrument,
and which shall be the official and governing version in the interpretation of this Agreement. This Agreement may be executed by
facsimile signatures or other electronic means and such signatures shall be deemed to bind each Party as if they were original
signatures.


 


6.14 Further
Assurances. Each Party shall execute, acknowledge and deliver such further documents and instruments and perform such other
acts as may be necessary or appropriate in order to carry out the purposes and intent of this Agreement.


 



	

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IN WITNESS
WHEREOF, the Parties hereto have caused this Agreement to be signed below by their respective duly authorized officers.


 


Enzo Life Sciences, Inc.


 


	By:	/s/
    Dr. Elazar Rabbani	 
	 	 	 
	Name:  	Dr. Elazar Rabbani	 
	 	 	 
	Title:	Chief Executive Officer	 
	 	 	 
	Date:	July 1, 2016	 


 


Illumina,
Inc.


 


	By:	/s/
    Francis deSouza	 
	 	 	 
	Name:  	Francis deSouza	 
	 	 	 
	Title:	President	 
	 	 	 
	Date:	6/29/16	 



 



	

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EXHIBIT
A


 


STIPULATED
MOTION FOR DISMISSAL OF LITIGATION


 


UNITED
STATES DISTRICT COURT

OF DELAWARE


 


	ENZO LIFE SCIENCES, INC.	)	CASE NO. CV 12-CV-435-LPS
	 	)	JOINT STIPULATION OF DISMISSAL 

WITH PREJUDICE
	Plaintiff,	)
	vs.	)
	)	The Hon. Leonard Stark
	ILLUMINA, INC.	)	Chief United States District Court Judge
	 	)	 
	Defendant.	)	 
	 	)	 


 


Pursuant
to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff, Enzo Life Sciences, Inc., and Defendant, Illumina,
Inc., by and through their respective counsel, hereby stipulate to the dismissal with prejudice of all claims in this action. Each
party shall bear its own attorneys’ fees and costs.


 


	Respectfully submitted,	 	 	 
	 	 	 	 
	 	 	 	FISH & RICHARDSON P.C.
	 	 	 	 
	FARNAN LLP	 	 	 
	 	 	 	 
	 	 	 	By:   	 
	
        Brian E. Farnan
        (#4089)

        919 North Market Street, 12th Flr

        Wilmington, DE 19801

        (302) 777-0336

        bfarnan@farnanlaw.com


         

        Attorneys for
        Plaintiff

        Enzo Life Sciences, Inc.
        

        

         

        Of Counsel:


        

         

        John M. Desmarais
        (admitted pro hac vice)


	 	 	 




    	 



    	



    

	
        Michael P.
        Stadnick (admitted pro hac vice)

        Justin P.D. Wilcox (admitted pro hac vice)

        Jordan N. Malz (admitted pro hac vice)

        Peter C. Magic (admitted pro hac vice)

        Desmarais LLP

        230 Park Avenue

        New York, NY 10169

        (212) 351-3400 (Tel)

        (212) 351-3401 (Fax)

        jdesmarais@desmaraisllp.com

        mstadnick@desmaraisllp.com

        jwilcox@desmaraisllp.com

        jmalz@desmaraisllp.com

        pmagic@desmaraisllp.com

         

        Attorneys
        for Plaintiff

        Enzo Life Sciences, Inc.

         
	 	
        Douglas E.
        McCann (#3852)

        Martina Tyreus Hufnal (#4771)

        Kelly Allenspach Del Dotto (#5969)

        222 Delaware Avenue, 17th Floor

        Wilmington, DE 19801

        (302) 652-5070

        dmccann@fr.com

        hufnal@fr.com

        allenspach.del.dotto@fr.com

         

        Juanita Brooks

        Michael A. Amon

        Craig Countryman

        Robert M. Yeh

        Markus Weyde

        FISH & RICHARDSON P.C.

        12390 El Camino Real

        San Diego, CA 92130

        Phone: 858-678-5070

        brooks@fr.com; amon@fr.com;

        countryman@fr.com; yeh@fr.com;

        weyde@fr.com

         

        Attorneys
        for Defendant

        Illumina, Inc.