Res judicata based on arbitration ruling resulted in dismissal of one defendant
Digene Corporation v. Ventana Medical Systems Inc., et al., No. 01-752-MPT, June 12, 2007.
Thynge, J. Beckman Coulter, Inc.’s motion to dismiss on res judicata grounds based upon a favorable arbitration decision was granted. The Court rejected Digene’s attempts to maintain in this litigation claims of inducement of infringement, contributory infringement, and tortious interference. The Court found that whether Beckman induced or contributed to infringement by its relationship to co-defendant Ventana was dependent on the interpretation of the cross licensing agreement which was the subject of the arbitration. Digene’s arguments were found to be inconsistent with its contractual obligation to arbitrate, circumvented this Court’s prior order. The matters having already been evaluated by two forums, the Court granted Beckman’s motion to dismiss.
A copy of the full opinion is available here.
Thynge, J. Beckman Coulter, Inc.’s motion to dismiss on res judicata grounds based upon a favorable arbitration decision was granted. The Court rejected Digene’s attempts to maintain in this litigation claims of inducement of infringement, contributory infringement, and tortious interference. The Court found that whether Beckman induced or contributed to infringement by its relationship to co-defendant Ventana was dependent on the interpretation of the cross licensing agreement which was the subject of the arbitration. Digene’s arguments were found to be inconsistent with its contractual obligation to arbitrate, circumvented this Court’s prior order. The matters having already been evaluated by two forums, the Court granted Beckman’s motion to dismiss.
A copy of the full opinion is available here.
