15 Aug 2016
GELDER v INNATE IMMUNOTHERAPEUTICS LTD [2016] NZHC 1885
- Citation
- [2016] NZHC 1885
- Court
- High Court
The ROA was construed to include material 'termed HRG214' used for purposes described in the patents including diagnostic and research uses, so the material transferred to the employee was productually within the ROA; however the settlement transfer to Mr O'Loughlin was an arm's length settlement and no notional Net Revenue arises from it; royalties were payable on actual third‑party sales and judgment was entered for NZ$5,440.60 and UK£14.30; contractual interest at 15% simple (non‑compounded) applies from 30 days after the end of the relevant quarter until payment.