FR – S.A. GenOway v. S.A. Cellectis
Posted: November 12th, 2009
S.A. GenOway v. S.A. Cellectis, termination of license agreement, Tribunal de Grande Instance, Paris, France, 12 November 2009, Docket No. 09/00768, with thanks to Pierre Véron, Véron & Associés
Genoway failed to fulfill its contractual obligations by going beyond the rights that had been granted to it and by not complying with a marking obligation that cannot be considered as accessory or pointless. These only failures constituted for Cellectis legitimate grounds to implement the agreement’s termination clause. The existence of a legitimate ground excludes bad faith.
No disparagement act by Cellectis by informing Genoway customers of the legal situation.
Genoway had no ground to calculate the royalty amount only on one of the steps of the transgenic mouse production process by homologous recombination and to limit the patent scope to the knock-in replacement process. Accordingly, Cellectis can validly perform a new calculation of the royalties.
Read the judgment (in French) here.
Read the judgment (in English) here.
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