Integrated Genomics, Inc v. Tillman Gerngross

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ARGUED APRIL 15, 2010

Before BAUER, ROVNER, and HAMILTON, Circuit Judges.

In 2002, Integrated Genomics, Inc. (“IG”) granted Tillman Gerngross, a bioengineering professor at Dartmouth College, a license to use genetic sequencing data that it had developed on a common yeast. Gerngross did not disclose to IG that he intended to use the data in connection with a private business venture rather than for purely academic purposes. Gerngross was charged an academic rate for the license which, IG alleges, was much less than it would have charged him for commercial use of the data. Four years later, Gerngross’s business was sold for many millions of dollars. IG filed suit against Gerngross, con-tending that he had defrauded IG by failing to disclose that he intended to use the sequencing data for commercial purposes and that Gerngross had breached his license agreement with IG by “publishing” the licensed sequencing data to his business and to its buyer. The district court entered summary judgment in favor of Gerngross on the contract claim and, after a trial on the fraud claim, found that even if Gerngross was deceitful in failing to disclose his intended use of the data, the evidence did not clearly and convincingly show that IG would have charged him more for the license had it been aware of that use. We affirm.

5 Ways to Use Technology and Innovative Staffing to Better Manage Workplace Legal Questions

Brought to you by Littler
Download Now

Unlock the untapped potential of your document review teams! Their expertise and case knowledge often go underutilized in subsequent stages of disputes or investigations. Discover how rethinking the role of review teams can empower lawyers to leverage their valuable skills and knowledge for maximum impact.

Strategies to Make the Most of Your Document Review Team

Brought to you by Integreon
Download Now

This case study demonstrates the strategy and tools a leading global finance platform company deployed to respond to a Department of Justice (DOJ) Second Request in just 106 days, which enabled them to complete a pressing acquisition. Download it now to learn more about their success.

Speed, Slack and Specialization: A Precision Approach to Second Requests

Brought to you by HaystackID
Download Now

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Pennsylvania Legal Awards (PALA) 2023

June 14, 2023
TBC, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.

Learn More

Consulting Top Consultants 2023

June 15, 2023
New York, NY

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.

Learn More

Southeastern Legal Awards (SLA) 2023

June 22, 2023
TBC

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

View Announcement ›

HARTMANN DOHERTY ROSA BERMAN & BULBULIA LLC

06/05/2023
NJLJ Web

HARTMANN DOHERTY ROSA BERMAN & BULBULIA LLC's Matrimonial & Family Practice Warmly Welcomes the Honorable Peter J. Melchionne (Ret.) to Lead its New Family Law Dispute Resolution Team.

View Announcement ›