Summary
Becton, Dickinson and Company (BD) has disclosed an ongoing arbitration proceeding initiated by bioMérieux SA against GeneOhm Sciences Canada, a BD subsidiary. The arbitration centers on a sublicense agreement concerning patent rights for detecting methicillin-resistant Staphylococcus aureus (MRSA). BioMérieux alleges GeneOhm fraudulently induced the agreement and violated its terms by assigning rights, seeking monetary damages and termination of patent rights. The outcome of this arbitration could materially impact GeneOhm's ability to market its MRSA detection products. In addition, BD is addressing a separate dispute with bioMérieux concerning a license agreement related to BD's BACTEC™ products. BioMérieux claims BD has sold BACTEC™ products in non-licensed fields, constituting a material breach, and is seeking compensation and cessation of future sales in those areas. BD asserts it has not materially breached the agreement and intends to resolve this matter through the specified dispute resolution process.
Key Highlights
- 1BD subsidiary GeneOhm Sciences Canada is involved in an arbitration with bioMérieux SA regarding a sublicense for MRSA detection technology.
- 2BioMérieux alleges fraud and breach of contract by GeneOhm, seeking damages and termination of patent rights.
- 3The outcome of the MRSA arbitration could adversely affect GeneOhm's ability to market its related products.
- 4BD is also engaged in a dispute with bioMérieux over a license agreement for BACTEC™ products.
- 5BioMérieux claims BD has sold BACTEC™ products in non-licensed fields, alleging material breach.
- 6BD denies any material breach of the BACTEC™ license agreement and intends to defend its position.
- 7BD believes bioMérieux's claims in both disputes lack merit and is prepared to vigorously defend itself.