Promega seeks to stop unlawful Benitec licensing activities of ddRNAi technology

12-Nov-2004

To protect its exclusive licensing rights, Promega filed a motion to stop Benitec from further licensing activities of ddRNAi technology in the areas which have been granted exclusively to Promega. Filing with the United States District Court for the District of Delaware, the Promega motion requests a preliminary injunction to prevent further license grants by Benitec until the Court rules on the dispute regarding Promega exclusivity.

"Benitec is damaging the Promega relationship with present and future Promega licensees and customers. Benitec's actions have created confusion and uncertainty in the market while our license remains in full force and effect, and is doing so prior to any Court ruling," says Brenda Furlow, Promega Vice President and General Counsel. "We are extremely confident in our position. We intend to prosecute this case to judgment to preserve the rights we paid for and have made significant investment to commercialize and bring to market."

This injunction request is the latest motion filed in a contract dispute between Promega and Benitec. Benitec and Promega are in the beginning stages in the litigation. Benitec has claimed that it can unilaterally treat the Promega exclusive license as nonexclusive because Promega allegedly made a royalty payment for less than the amount required. Promega claims that Benitec knew and approved of the royalty payment it made as a "payment in full." Promega has also counterclaimed for damages because of Benitec's pre-judgment conduct of granting new licenses in violation of Promega's exclusive rights. The dispute is currently pending before the Court. Promega hopes for a ruling on the injunction motion by the end of the year.

https://www.bionity.com/en/news/40785/promega-seeks-to-stop-unlawful-benitec-licensing-activities-of-ddrnai-technology.html