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Biotech / Medical : Ciphergen Biosystems(CIPH):
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To: tuck who wrote (500)7/17/2007 6:24:42 PM
From: tuck   of 510
 
Now MAS is suing for breach due to the assignment of rights to Bio-Rad:

>>17-Jul-2007

Other Events

Item 8.01. Other Events
On July 13, 2007, Ciphergen Biosystems, Inc. (the "Company") received written notice that a lawsuit was filed in the Superior Court of California for the County of Santa Clara naming the Company and Bio-Rad Laboratories, Inc. ("Bio-Rad") as defendants and Molecular Analytical Systems ("MAS") as plaintiff. The complaint alleges, among other things, that the Company is in breach of the license agreement between the Company and MAS relating to Surface Enhanced Laser Desorption/Ionization ("SELDI") technology as a result of the Company's entry into a sublicense with Bio-Rad.
In connection with the asset sale of Ciphergen's instrument business to Bio-Rad, the Company sublicensed to Bio-Rad certain rights to the SELDI technology obtained by the Company under the MAS license for use outside of the clinical diagnostics field. The Company retained exclusive rights to the technology for use in the field of clinical diagnostics for a five-year period, after which it will retain nonexclusive rights in that field. <<

Out of the frying pan, into the fire, and Hutchens rides again. Here's the settlement between Hutchens and CIPH that supposedly took care of this stuff:

sec.gov

It's all pretty complicated. I'm not sure if the Baylor Technology Transfer Agreement is in the public record anywhere; it is omitted in the above. I'm not sure exactly what is at issue here, either. Still waiting for Quest to validate the friggin' test and market it.

Cheers, Tuck
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