Wisconsin Alumni Research Found. v. Xenon Pharm., Inc., No. 08-1351
In a contract case involving an exclusive license to commercialize a jointly patented enzyme that can lower cholesterol levels, judgment of the district court is affirmed in part, reversed in part and remanded where: 1) district court properly granted summary judgment for the plaintiff on a breach-of-contract claim as defendant breached its license agreement by granting a sublicense in the the jointly patented enzyme to a third party without paying plaintiff its share of the sublicense fees; 2) district court should not have voided the plaintiff's attempt to terminate the agreement as it was entitled to and properly terminated the agreement based on defendant's breach; and 3) district court erroneously entered judgment for defendant on the issue of plaintiff's claim to an ownership interest in the compounds as under the web of contracts at issue in the case, the plaintiff was entitled to a declaration of its ownership interest in the compounds.
Appeal from the United States District Court for the Western District of Wisconsin
Decided January 5, 2010
Opinion by Circuit Judge Sykes
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