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Biotech / Medical : Ciphergen Biosystems(CIPH):
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To: tuck who wrote (40)3/18/2002 4:28:02 PM
From: Biomaven  Read Replies (1) of 510
 
tuck,

Correct, I should have said Drug Discovery Market not Life Sciences Market.

To properly understand this agreement we would need also to see the agreement between MAS and CTI - I'm guessing Lumicyte has the CTI rights. But Lumicyte's behavior does seem a stretch.

The whole dispute started with Lumicyte trying to terminate CIPH's license:

We brought the cause of action in response to the defendants' allegations that we materially breached two sublicense agreements relating to the SELDI technology between MAS and our subsidiaries, Ciphergen Technologies and IllumeSys Pacific, and threatened termination of those agreements. The defendants claim that our marketing and sale of SELDI information and service products to research laboratories and other customers, our sale of SELDI-derived software and the manner in which we operate our Biomarker Discovery Centers constitute material breaches of the agreements.

My guess is the dispute turns mainly on whether CIPH's bioinformatics sales are considered sales of a "device, instrument or consumable." Personally I would think that a database program incorporating information created by the licensed information is indeed a "device."

We only have bits and pieces of the litigation picture here, and so it's really hard to come to any sensible conclusion.

Peter
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