In the lawsuit, which comes just days after Alnylam said it settled a different suit related to the IP, the University of Utah alleges that one of its researchers actually invented the technology covered by the Tuschl-II patent estate.
Alnylam said that as part of the agreement, it would allow Merck, the parent company of one-time rival Sirna Therapeutics, to sub-license a portion of the disputed IP to which it previously did not have access.
In making its decision, the court said that Mirinia has “raised only serious questions” on the merits of its trademark infringement claim, and not shown that it would suffer “irreparable harm” if Marina is allowed to continue using its newly acquired moniker.
The action is an amendment to a lawsuit in which plaintiffs argued that the company, its board, and certain of its officers breached their fiduciary duty in connection to the company's trouble with its Accutn1 troponin test last year.
As a result, it will be up to the new court to rule on CSHL's allegations that the law firm Ropes & Gray mishandled certain RNAi-related intellectual property stemming from the work of Greg Hannon and maintained improper business relationships with RNAi drug developers.