United States Seventh Circuit
Bd. of Tr. of the Univ. of Illinois v. Organon Teknika Corp. LLC., 09-3375
In a university's suit against a subsidiary of the pharmaceutical manufacturer Merck & Co., and its licensee of some intellectual property rights needed to make a certain cancer drug, seeking to compel the subsidiary to resume arbitration concerning reopening the royalty rate, dismissal of the suit on the ground that there was no dispute to resolve because the arbitrator had not made a final award is vacated and remanded with instructions to enter a judgment dismissing the suit with prejudice as defendant is entitled to a decision on the merits as Rule 60(c)(1) gives the parties one year to present newly discovered evidence in support of a motion under Rule 60(b)(2), and here, the parties bargained for a final and conclusive decision, not for perpetual arbitration.
Appellate Information
- Argued 04/01/2010
- Decided 07/27/2010
- Published 07/27/2010
Judges
Court
- United States Seventh Circuit