EraGen Bioscience, Inc. v. Nucleic Acids Licensing LLC

We therefore VACATE the judgment of the district court and REMAND this case for further proceedings
consistent with this opinion. We have established the fact that Benner and NAL did terminate the AEGIS Agreement, but the question whether that termination was wrongful depends on the proper characterization of the cystic fibrosis sublicense. That issue will also determine whether Benner owes money to EraGen, or if EraGen underpaid royalties to Benner and NAL. Each party is to bear its own costs on appeal.

Download