IP fight, BSTE vs XOMA.
On September 24, 2001, the Court denied Biosite’s motion for a preliminary injunction, dismissing Biosite’s declaratory judgment action, which would
have prevented XOMA from terminating the license agreements. The Court found that Biosite had failed to show a likelihood or reasonable probability of
success on the merits and stated, "in light of a weak showing of a likelihood of success, Biosite’s similarly weak showing of irreparable harm is
insufficient to warrant a preliminary injunction."
In addition, on September 26, 2001, the Court granted XOMA’s motion to dismiss Biosite’s declaratory judgment action in its entirety, deciding to allow
only XOMA’s separately filed direct action to proceed. As previously announced, XOMA has filed a complaint against Biosite seeking monetary damages,
injunctive and other relief for infringement of XOMA’s bacterial cell expression technology patents, fraud and misrepresentation, breach of contract,
misappropriation and unfair business practices. The Court also granted certain portions of Biosite’s motion to dismiss XOMA’s action but has given
XOMA leave to amend its court papers to clarify certain elements of its case, which XOMA intends to do in a timely manner. |
