Aviron, University of Chicago news
The U.S. Court of Appeals for the Federal Circuit upheld a lower court decision to drop charges of unjust enrichment and all other tort claims against Aviron brought by Joany Chou, a former graduate student at the University of Chicago. Chou alleged that Bernard Roizman, a University of Chicago professor and director, co-founder, and scientific advisory board member of AVIR failed to name her as an inventor or co-inventor on patents relating to herpes simplex virus and its use in a vaccine. The CAFC noted that Aviron was founded after the patent applications were filed and that in filing for the patents Roizman was not acting as an officer of AVIR.
Allegations of fraudulent concealment, breach of fiduciary duty, unjust enrichment and breach of implied contract against Roizman and allegations of fraudulent concealment, breach of fiduciary duty, breach of express and contract against ARCH Development and the University of Chicago have been remanded to the lower court for further consideration. None of these claims are against AVIR. ...