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June 29, 2010

TaconicArtemis GmbH v. S.A. Cellectis; Decision of the Paris Tribunal de Grande Instance

On June 29, 2010, the Paris Tribunal de Grande Instance upheld Cellectis' termination on August 6, 2008 of the license it granted to Artemis Pharmaceuticals GmbH in 2002. In its ruling the Court held that breeding of genetically modified mice is a practice of the methods that were licensed to Artemis by Cellectis and that the sale of breeding pairs and subsequent breeding of those mice by clients presumably constituted a de facto issuance of a sublicense by Artemis. The license granted to Artemis did not permit sublicensing of the method patents. On this premise, the court concluded that Artemis should have informed its customers that breeding of the genetically modified mice was prohibited. The ruling of this court is a statement of the laws of France and does not rule on issues involving the laws of other countries. TaconicArtemis (formerly Artemis Pharmaceuticals) has the right to appeal the court's decision.

The court has proposed for TaconicArtemis and Cellectis to engage in mediation to settle the amount that should be paid to Cellectis for the use of the licensed patents between the dates of August 6, 2008 and March 20, 2010, when the patents expired in Europe.



 
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