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Texas State Court Dismisses Case against Baylor College of Medicine (“BCM”)

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HOUSTON, May 6, 2019 – A Texas state judge dismisses with prejudice a case against Baylor College of Medicine (“BCM”), one of its researchers, Dr. William Decker and its licensee Diakonos Research Ltd. (“Diakonos”).

The case was brought by Gensetix, a licensee of immune-cancer therapy patents from University of Texas, MD Anderson’s Cancer Center (“UT”). Gensetix alleged that the defendants tortuously interfered with its license with UT and engaged in civil conspiracy. BCM and the other defendants moved to dismiss the petition under the Texas Citizens Protection Act (TCPA), which is Texas’ version of an anti-slapp statute.

The TCPA provides for a mandatory award of attorneys’ fees and sanctions in cases that come within the scope of the statute.

This is now the second case brought by Gensetix against the defendants to be dismissed. Back in December 2018, the United States District Court for the Southern District of Texas dismissed a patent infringement case against the same defendants on the basis that Gensetix lacked standing to bring suit. UT owned the patents at issue and declined to join the case, thus leaving Gensetix without standing to pursue its claims. That case is currently on appeal to the United States Court of Appeals for the Federal Circuit.

BCM is represented by Baker Botts Partners Paul Morico, Amy Hefley, Liz Flannery and Associate Travis Gray. Dr. William Decker is represented by Robin O’Neil and Murray Folger of Folger, Brar, Ford, O’Neil & Gray and Diakonos is represented by Gordon Arnold of Arnold & Saunders, LLP.

 

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