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Baylor U wins licensing dispute against Hemotek

Baylor University has won a licensing dispute against health tech company Hemotek.

The dispute is related to the research, development, manufacture and commercialization of an oxygenating compound marketed by Hemotek as “Ox66.” Baylor signed a licensing agreement with the company in 2013, under which Kemotek would receive an exclusive license to inventions arising out of Baylor inventions developed using Ox66, subject to certain conditions, including the requirement that Hemotek commercialize or actively attempt to commercialize the inventions at issue.

After eight years without successful commercialization, in 2021 Baylor terminated the licenses to nine patents resulting from its research. Hemotek responded by filing an arbitration alleging that the termination was improper. Hemotek asserted claims for declaratory relief and breach of contract against Baylor and sought to recover damages in addition to attorney’s fees and costs. The university then counterclaimed for declaratory relief and its attorneys’ fees and costs.

Following the merits hearing, the arbitration panel ruled unanimously in Baylor’s favor, holding that it properly terminated the licenses and awarding the university over $1.3 million in fees and costs. On November 8, 2023, the Collin County District Court entered a final judgment confirming the award.

Source: Norton Rose Fulbright

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