Legal Opinion

Affymax, Inc. v. Ortho-McNeil-Janssen Pharmaceuticals, Inc.

Court of Appeals for the Seventh Circuit

Decided October 3, 2011No. 11-2070PublishedCited by 41 opinions

1Opinion of the Court

EASTERBROOK, Chief Judge.

In 1992 two companies began a joint venture to develop peptide compounds. The parties’ names have changed in corporate mergers or restructurings; we use their current names — Affymax and OrthoMcNeil-Janssen Pharmaceuticals (Ortho for short). The agreement provides that any inventions created by the parties’ joint efforts are jointly owned, but that inventions attributable to a single party are owned by that party. The agreement also says that disputes will be arbitrated.

The joint venture produced commercially valuable discoveries. Affymax sued in 2004, seeking a…

2Cases cited15 opinions

  1. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
  2. Hall Street Associates, L. L. C. v. Mattel, Inc.Supreme Court of the United States · 2008
  3. Major League Baseball Players Assn. v. GarveySupreme Court of the United States · 2001
  4. T. B. Harms Company v. Edward Eliscu and Ross Jungnickel, Inc.Court of Appeals for the Second Circuit · 1964
  5. Morton M. Hill, Jr. v. Norfolk and Western Railway CompanyCourt of Appeals for the Seventh Circuit · 1987

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3Cited by41 opinions

  1. United States v. Calvin DyessCourt of Appeals for the Fourth Circuit · 2013
  2. Judith Goldman v. Citigroup Global Markets IncCourt of Appeals for the Third Circuit · 2016
  3. Johnson Controls, Incorporated v. Edman Controls, IncorporatedCourt of Appeals for the Seventh Circuit · 2013
  4. Hartland Lakeside Joint No. 3 School District v. Wea InsuranceCourt of Appeals for the Seventh Circuit · 2014
  5. Hyatt Franchising, L.L.C. v. Shen Zhen New World I, LLCCourt of Appeals for the Seventh Circuit · 2017

36 more not listed; retrieve them via the Exa API.

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