Oxford Gene Technology Ltd v. Affymetrix Inc, Affymetrix UK Ltd, Beckman Coulter Inc [2000] EWHC Patents 111 (18th April, 2000)

Oxford Gene Technology Ltd v. Affymetrix Inc, Affymetrix UK Ltd, Beckman Coulter Inc [2000] EWHC Patents 111 (18th April, 2000)

OGT was not obliged to grant Affymetrix a licence under the Consortium clause, as the Consortium Agreement did not have as a principal objective the development and commercialisation of products covered by the Southern patents. The Assignment clause did not operate to transfer Beckman's licence to Affymetrix, as what was transferred did not amount to a 'business' within the meaning of the agreement.

Citation
[2000] EWHC Patents 111
Parties
Claimant: Oxford Gene Technology Limited; First Defendant: Affymetrix Inc; Second Defendant: Affymetrix UK Limited; Third Defendant: Beckman Coulter Inc
Jurisdiction
England and Wales
Procedural Posture
Patent Infringement Action / Trial of Preliminary Issues
Outcome
Claimant succeeds; OGT not obliged to grant Affymetrix a licence and Beckman's licence did not pass to Affymetrix.
Legal Topics
Patent Licensing, Contract Interpretation, Assignment of Rights, Consortium Agreements
Intellectual Property Contract Law Patent Licensing Contract Interpretation Assignment of Rights Consortium Agreements

Case Brief

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Parties

Oxford Gene Technology Limited

Claimant

Affymetrix Inc

First Defendant

Affymetrix UK Limited

Second Defendant

Beckman Coulter Inc

Third Defendant

Procedural Posture

Patent Infringement Action / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether OGT was obliged to grant Affymetrix a licence under the Consortium clause
  2. 2 Whether Beckman's licence passed to Affymetrix under the Assignment clause

Ratio Decidendi

OGT was not obliged to grant Affymetrix a licence under the Consortium clause, as the Consortium Agreement did not have as a principal objective the development and commercialisation of products covered by the Southern patents. The Assignment clause did not operate to transfer Beckman's licence to Affymetrix, as what was transferred did not amount to a 'business' within the meaning of the agreement.

Court Disposition

Claimant succeeds; OGT not obliged to grant Affymetrix a licence and Beckman's licence did not pass to Affymetrix.

Orders

  • Declaration that OGT is not obliged to grant Affymetrix a licence under the Consortium clause.
  • Declaration that Beckman's licence did not pass to Affymetrix under the Assignment clause.