Justia Intellectual Property Opinion Summaries

The case revolves around a dispute between the Board of Regents of the University of Texas System and IDEXX Laboratories, Inc. over the interpretation of a patent licensing agreement. The agreement, signed in 2000, pertained to a peptide used to test for Lyme disease in dogs. The agreement stipulated different royalty rates for different types of products, depending on what tests were included. The dispute arose over the interpretation of two royalty provisions, one for 1% and the other for 2.5%, which could both be read to apply to the same sales of goods. IDEXX Laboratories had been paying the lower royalty rate, but the University argued that the higher rate should have been applied.The trial court ruled in favor of the University, concluding that the licensing agreement was clear and unambiguous and that the University was entitled to recover the unpaid royalties claimed plus accrued interest. On appeal, IDEXX Laboratories argued for the first time that the licensing agreement was ambiguous. The court of appeals agreed, concluding that both interpretations of the royalty provisions were reasonable and conflicting, and therefore the agreement was ambiguous. It reversed the trial court's decision and remanded the case.The Supreme Court of Texas disagreed with the court of appeals. It found that the royalty provisions were not ambiguous when read in the context of the licensing agreement itself and the objective circumstances in which the agreement was produced. The court concluded that the provisions were most reasonably interpreted to require royalties on IDEXX Laboratories' products at the higher rate stipulated in the agreement. The court reversed the court of appeals' judgment and remanded the case to that court for further proceedings. View "Board of Regents of the University of Texas System v. IDEXX Laboratories, Inc." on Justia Law

From 2003-2014, Bornmann directed a research laboratory that synthesized cancer drugs at University of Texas MD Anderson Cancer Center. In 2013, Bornmann’s team apparently discovered an antibiotic with the potential to treat cancer and type-2 diabetes. Bornmann signed an invention disclosure report (IDR) describing the antibiotic and listing Bornmann among several contributors, including DePinho, President of MD Anderson, who was credited with providing laboratory space and supervision. Later MD Anderson decided not to renew Bornmann's contract and to close his lab. Bornmann filed a petition to take Rule 202 depositions of DePinho and Dennis. Rule 202 of the Texas Rules of Civil Procedure allows a court to authorize a deposition “to investigate a potential claim or suit.” Bornmann theorized that “his lab [was being] closed to benefit the personal interests of Dr. DePinho,” that an IDR without his signature would be filed, and that a provisional patent would be filed and licensed to a company owned by DePinho or his wife.Bornmann sought to depose Depinho concerning the IDR signatures and Dennis on timing and filing, in order to “investigate a potential tortious interference claim against Dr. DePinho as well as other potential causes of action.” The Texas Supreme Court vacated an order authorizing the discovery. A court may not order Rule 202 depositions to investigate unripe claims View "In re: DePinho and Dennis" on Justia Law