In re the Arbitration between Pharmacia & Upjohn Co. & Elan Pharmaceuticals, Inc.

Order and judgment (one paper), Supreme Court, New York County (Carol Edmead, J.), entered January 23, 2004, which granted the petition for a permanent stay of arbitration, unanimously reversed, on the law, with costs and disbursements, and the matter remanded to Supreme Court for a hearing on the issues of whether the parties intended that the exclusionary clause in article 15.3 of the collaboration agreement for disputes involving intellectual property rights applies to the claims asserted by respondents in their demand for arbitration and whether an attempt to resolve the disputes pursuant…