Chalk another win patent to the University of Wisconsin, Madison. Its powerful IP-complement the Wisconsin Alumni Research Foundation (WARF) -appears have knocked a biotechnology partner, Xenon Pharmaceuticals Inc., Burnaby, Canada, said he tried to exploit a discovery laboratories Biochem Wisconsin without paying the university some disputed charges.
researchers from Wisconsin and Xenon worked 9 years ago to study the enzyme stearoyl-CoA desaturase (SCD), the anti-cholesterol they both patented properties. Xenon helped fund this research. But a federal appeals court ruled yesterday that Xenon evil tried to cut his own license agreement with Novartis, excluding WARF, create drugs based SCD. The Seventh Circuit Court of Appeals backed a lower court that ruled several years ago that Xenon violated a partnership agreement by failing to share revenues from Novartis "sublicense" deal. And the appeals court went even further than the lower court.
He said that after learning the Novartis case of a press release, WARF has the right to terminate the contract itself and claim ownership of some discoveries that have come out of the project. Specifically, the decision states that Wisconsin has property rights in the compounds of potential drugs studied by a biochemist from the University, Mark Gray-Keller, who was hired by Xenon on a consultancy agreement to test the activity the company's materials he wanted to check.
Xenon declined to comment. Calling the decision a "sweep" last night, the Advocate General of WARF Michael Falk, issued a statement saying, "We are extremely pleased with this decision. WARF is now free and clear to move the technology forward commercially and intends to do so. "
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