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To protect its exclusive licensing rights, Promega filed a motion
today 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.
About Promega
Promega Corporation is a leader in providing innovative solutions
and technical support to the life sciences industry. The company’s 1,450 products enable scientists worldwide to advance their knowledge
in genomics, proteomics, cellular analysis, molecular diagnostics
and human identification. Founded in 1978, the company is headquartered
in Madison, WI, USA with branches in twelve countries and 54 global
distributors. Annual sales exceed $165 million.
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