Oxford Gene Technology Ltd v Affymetrix Inc & Ors [2000] EWCA Civ 272 (2 November 2000)

Oxford Gene Technology Ltd v Affymetrix Inc & Ors [2000] EWCA Civ 272 (2 November 2000)

OGT was not obliged to grant Affymetrix a licence under the Southern patents because the Consortium Agreement did not create a consortium with the required joint objective of development and commercialisation of products covered by the patents, and Affymetrix did not succeed to Beckman's 'business in products' within the meaning of clause 16.2 of the amended licence at the relevant time.

Citation
[2000] EWCA Civ 272
Parties
Claimant: Oxford Gene Technology Ltd (OGT); Defendant: Affymetrix Inc; Defendant: Affymetrix UK Ltd; Defendant: Beckman Coulter Inc
Jurisdiction
England and Wales
Judgment Date
02 November 2000
Procedural Posture
Civil / Appeal
Outcome
appeal dismissed
Legal Topics
Patent Licensing, Assignment of Rights, Interpretation of Contracts, Consortium Agreements, Asset Purchase Agreements
Intellectual Property Contract Patent Licensing Assignment of Rights Interpretation of Contracts Consortium Agreements Asset Purchase Agreements

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Parties

Oxford Gene Technology Ltd (OGT)

Claimant

Affymetrix Inc

Defendant

Affymetrix UK Ltd

Defendant

Beckman Coulter Inc

Defendant

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether OGT was obliged to grant Affymetrix a licence under the Southern patents via the consortium or asset purchase routes
  2. 2 Whether the Consortium Agreement between Beckman and Affymetrix constituted a 'licensee consortium' under the amended licence
  3. 3 Whether Affymetrix succeeded to Beckman's 'business in products' under clause 16.2 of the amended licence

Ratio Decidendi

OGT was not obliged to grant Affymetrix a licence under the Southern patents because the Consortium Agreement did not create a consortium with the required joint objective of development and commercialisation of products covered by the patents, and Affymetrix did not succeed to Beckman's 'business in products' within the meaning of clause 16.2 of the amended licence at the relevant time.

Court Disposition

appeal dismissed

Orders

  • Declaration that OGT is not obliged to grant Affymetrix a licence under the Southern patents
  • Affymetrix and Beckman not entitled to a licence under the consortium or asset purchase provisions