Legal Opinion
De Simone v. VSL Pharm., Inc.
District Court, D. Maryland
Decided October 9, 2018No. Civil Action No. TDC-15-1356PublishedCited by 6 opinions
1Opinion of the Court
In the end, the most significant flaw in the additional evidence submitted by VSL is that it fails to show in any way that De Simone transferred the Know-How to Mendes prior to the Mendes Assignment. Regardless of what the parties believed the term "VSL# 3" to mean, if Mendes did not own the Know-How at the time of the Mendes Assignment, there is no way to read it as having transferred the Know-How to VSL.
Where the ambiguity of the Mendes Assignment can be resolved by consideration of other, contemporaneous agreements between the parties, specifically, the 1999 Option Agreement and the 2001…
2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Perini Corporation v. Perini Construction, Inc.Court of Appeals for the Fourth Circuit · 1990
- Guth v. Loft, Inc.Supreme Court of Delaware · 1939
- In Re Walt Disney Co. Derivative LitigationSupreme Court of Delaware · 2006
- Taylor v. NationsBank, N.A.Court of Appeals of Maryland · 2001
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3Cited by6 opinions
- De Simone v. VSL Pharmaceuticals, Inc.District Court, D. Maryland · 2022
- De Simone v. VSL Pharmaceuticals, Inc.District Court, D. Maryland · 2020
- De Simone v. VSL Pharmaceuticals, Inc.District Court, D. Maryland · 2021
- De Simone v. VSL Pharmaceuticals, Inc.District Court, D. Maryland · 2024
- John Rigney, et al. v. Cyberpoint3 Holdings, LLC, et al.District Court, D. Maryland · 2026
1 more not listed; retrieve them via the Exa API.