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IGEN v. Roche

This article was originally published in The Gray Sheet

Executive Summary

Maryland federal appeals court affirms a 1998 preliminary injunction against Roche Diagnostics Jan. 4, enjoining the firm from marketing IGEN's Origen technology under a 1992 licensing agreement to physician office laboratories (POL), which IGEN claims Roche violated. Under the injunction, Roche is required to turn over all POL customers to IGEN and escrow all POL sales. Estimating that Roche has 200-300 POL customers generating in excess of $10 mil. in annual sales, IGEN alleges that Roche's reported $7.4 mil in escrow from 100 POL customers "does not represent all of the revenue required to be placed in escrow"

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