Overview
Reuters and Law360 covered Steptoe’s appellate win for Galderma Laboratories in a patent license dispute with New York University (NYU). On April 26, the US Court of Appeals for the Second Circuit reversed a $3.5 million summary judgment in favor of NYU in a breach of contract dispute between the school and Galderma, finding that the district court was wrong to conclude, before the facts could be developed further, that sales of Galderma’s rosacea drug Oracea triggered an obligation to pay NYU royalties under a patent license.
After finding that the definition of “licensed products” in the agreement between NYU and Galderma is unambiguous — requiring "that any 'licensed product' be covered by 'a' claim of either" of the two NYU patents at issue — the three-judge panel said that the issue for the trial court to determine is whether Oracea is covered by any claim of either of the two patents.
On April 19, the judge hearing the appeal told the parties that the lower court judge made a “crystal clear mistake” of New York law in deciding the case without having evidence on the question of whether Oracea fell within the license.
The appeal was handled by Steptoe partners Tim Bickham and Charles Michael.
The full articles can be read at Reuters and Law360 (subscription required).
