Becker Glynn Beats Back Motion to Dismiss in Dispute Over Cure for Cervical Cancer

The firm represents a physician-scientist, who filed for a patent on his team’s cure for HPV, the leading cause of cervical cancer worldwide, and his company, which was to receive an exclusive license to distribute the cure. They allege that the City University of New York, to whom patent prosecution rights were assigned, abandoned the patent in violation of the parties’ contract based on false statements made by its employee, ending our clients’ ability to bring the cure to market. During a virtual hearing in New York’s Commercial Division, litigation partner Robin L. Alperstein secured an important victory for the doctor and his company when she persuaded Justice Barry Ostrager to deny the employee’s motion to dismiss.  This victory builds on Ms. Alperstein’s earlier success in overcoming CUNY’s attempt to avoid a jury trial by contending that only the Court of Claims has subject matter jurisdiction—an attempt it abandoned after receiving the firm’s brief in opposition. Coupled with CUNY’s withdrawal of its motion, Ms. Alperstein’s success moves our clients closer to trial and compensation for their losses.