>>I still don't know the exact relationship between Lumisys, CTI and MAS - I'm guessing they can be considered a single entity controlled by the original inventor.<<
Peter, now I understand why you're confused. CTI is CIPH. from the S-1 (emphasis mine for your convenience):
>>Our SELDI technology was acquired via royalty-bearing sub-licenses. The
technology was developed by Drs. Hutchens and Yip when they were employed at the
Baylor College of Medicine. Several patent applications have been filed under
the names of Drs. Hutchens and Yip and assigned to Baylor.
In 1993, Molecular Analytical Systems, or MAS, owned primarily by Drs.
Hutchens and Yip, obtained an exclusive worldwide license to the SELDI
technology from Baylor. In 1997, MAS granted an exclusive sub-license for a
broad range of applications in the life science research market to IllumeSys
Pacific, Inc., or IPI, and an exclusive sub-license for a broad range of
applications in other life science markets, including clinical diagnostics and
consumer products, to ISP Acquisition Corporation, later named Ciphergen
Technologies, Inc., or CTI. Exclusive rights for a broad range of applications
in the field of therapeutic drug discovery were shared between IPI and CTI.
In April 1997, we acquired 100% of the stock of IPI and 5% of the stock of
CTI. In July 1998, we acquired the remaining 95% of the stock of CTI concurrent
with the first closing of the Series D preferred stock offering. MAS retained
for itself rights to SELDI for non-life science applications and for life
science applications that do not involve biological or bioanalytical
measurements or assays performed in laboratories or laboratory environments.<<
What baffles me is that Hutchens apparently signed the agreements for all the entities -- not just MAS/LumiSys, but CTI & Illumesys (check the bottoms of the agreements I cite)! I know Hutchens was once employed by CIPH, but this must be a typo. As you say, the crux is probably how a court will more precisely define the definitions.
Pretty much finished my digging -- see prior post if you haven't already -- but might look to see if LumiCyte names any of its customers.
Cheers, Tuck |
