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Biosynexus

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eBook details

  • Title: Biosynexus
  • Author : New York County Supreme Court
  • Release Date : January 06, 2006
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 76 KB

Description

In this action, Plaintiff, Biosynexus, Inc. ("Bio"), alleges that it entered into a Collaborative Development Licensing Agreement ("CDA") with Defendant Glaxo Group Limited ("Glaxo"). The CDA grants to Glaxo certain rights to Bios intellectual property, including the rights to some of Bios confidential know how. The intellectual property at stake here involves the rights to certain mono-clonal antibody technology ("the technology" or "BYSX-A110") that promises to be a safe, effective, and therefore valuable, treatment for staphylococcal infections in humans. Although the CDA allows Glaxo to enter into further sub-licenses of the technology, the agreement precludes Glaxo from assigning to another its rights under the CDA. In motion sequence No.001, Bio requested a preliminary injunction on the grounds that Glaxo breached the CDA by improperly assigning its rights, including rights to the technology, to Defendant MedImmune, Inc. ("Med") in an agreement executed on August 26, 2006 ("Glaxo-Med agreement"). Bio sought to enjoin Glaxo from transferring to Med any of Bios confidential information. In my decision of March 14, 2006, I granted a preliminary injunction against Glaxo and Med, finding that the transfer of rights in the Glaxo-Med agreement qualifies as an improper assignment.


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