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BioMerieux Will Ask Court to End License With BD Unit, Says BD Infringed Another License

NEW YORK (GenomeWeb News) — BioMérieux is filing two license-related disputes against Becton Dickinson, BD said today.
In the first filing, BioMérieux has notified Becton Dickinson it is initiating an arbitration procedure in the ICC International Court of Arbitration in Paris against BD subsidiary GeneOhm Sciences Canada.
BioMérieux notified BD of its intention to terminate a sublicense agreement that granted GeneOhm rights related to a method for detecting methicillin-resistant Staphylococcus aureus.
It was not immediately clear why BioMérieux is taking this step. BD said it has not yet reviewed the details of the claim, but said there is “no basis for the termination of the sublicense agreement,” and added that it expects GeneOhm to “vigorously defend its position.”
In the second filing, BioMérieux informed BD that it will invoke a dispute resolution clause of another license between BD and BioMérieux that relates to BD’s Bactec blood culture products.
BioMérieux claims BD breached their license agreement by selling the Bactec products “in non-licensed fields,” and seeks compensation for those sales. It will also ask the ICC bar BD from selling the test in these fields.
BD said it “believes there has been no material breach of the agreement” and plans to follow dispute resolution provisions and to defend its position.

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