Litigation team represents Baylor University in breach of contract dispute

A trial team from Norton Rose Fulbright achieved a complete victory for Baylor University (Baylor) in a dispute against Hemotek LLC (Hemotek) related to the research, development, manufacture and commercialization of an oxygenating compound.

In 2013, Baylor entered into a licensing agreement with Hemotek, a company that manufactures an oxygenating compound marketed as "Ox66." Under the licensing agreement, Hemotek would receive an exclusive license to inventions arising out of Baylor research conducted with Ox66, subject to certain requirements, including the requirement to commercialize or actively attempt to commercialize the inventions at issue.

In 2021, Baylor terminated the licenses to nine patents that resulted from Baylor's research and Hemotek filed an arbitration alleging, among other things, that the termination was improper. Hemotek asserted claims for declaratory relief and breach of contract against Baylor and sought to recover damages for the breach of contract claims in addition to its attorneys' fees and costs. Baylor counterclaimed for declaratory relief and its attorneys' fees and costs.

Following the merits hearing, the arbitration panel unanimously found for Baylor, holding that Baylor properly terminated the licenses and awarding Baylor over US$1.3m in fees and costs. On November 8, 2023, the Collin County District Court entered a final judgment confirming the award.

Norton Rose Fulbright's core trial team included Mark Oakes, Mark B. Wilson, Mike Stimson (Austin) and Todd Batson (Houston).