By 2006, the parties sought a more comprehensive agreement to govern the growing company. After the 1997 agreement was entered into, sales of FlowJo software continued to increase. Pursuant to paragraph 3 of that agreement, net profits from licensing of FlowJo software were to be divided on a 50%–50% basis between Dr. Treister entered into an agreement “to facilitate development and marketing of FlowJo.” Plfs' Ex. The software has been marketed and sold under the FlowJo name since 1997, and through a website, com, since 2000. FlowJo software is used to help research scientists and doctors analyze data produced by flow cytometers. Flow cytometers are used in HIV disease management, cancer diagnoses, stem cell transplantations for cancer therapy, and immune therapy monitoring. Devices called flow cytometers use lasers to measure certain properties of cell samples. Flow cytometry is used in biotechnology applications to analyze and identify different cells in a cell sample.
The technology at the center of the parties' dispute is flow cytometry software. The Court also heard argument from counsel for the parties. Ming Wai Monica Ip on behalf of Defendants. Mario Roederer on behalf of Plaintiffs, and from Dr. At the hearing, the Court heard testimony from Dr. The Court conducted an evidentiary hearing on Plaintiffs' motion on February 27 and 28, 2014. In their motion, Plaintiffs request that this Court preliminarily enjoin Defendants from any attempted transfer of rights to FlowJo software or related intellectual property and order Defendants to direct all licensing and sales revenue from FlowJo software into a constructive trust until further order of this Court. Plaintiffs moved for a preliminary injunction on October 16, 2013. Plaintiffs amended their complaint on Octoto seek a declaratory judgment of intellectual property ownership and to allege trademark infringement and copyright infringement against Defendants. Plaintiffs Roederer and FlowJo, LLC filed this action against Defendants on June 18, 2013, alleging breach of contract, breach of fiduciary duty and other claims. Tree Star was the manager of FlowJo, LLC until July 8, 2013. is a corporation organized under the laws of Oregon with its principal place of business in Ashland, Oregon. Treister, who each own 50% of the company.Ĥ. FlowJo, LLC is a limited liability company organized under the Oregon Limited Liability Company Act. Adam Treister is an individual and citizen of Ashland, Oregon.ģ. Mario Roederer, Ph.D., is an individual and citizen of Bethesda, MD.Ģ. Likewise, to the extent a conclusion of law should be deemed a finding of fact, it shall be treated as such. To the extent a finding of fact should be deemed a conclusion of law, it shall be treated as such. The Court grants Plaintiffs' motion as specified in this Order and enters the following findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 65(d): FINDINGS OF FACT This matter came before the Court on Plaintiffs' motion for preliminary injunction pursuant to Federal Rule of Civil Procedure 65(a). ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION Kellerman, Hornecker Cowling Hassen & Heysell, Medford, OR, for Defendants/Counter–Claimants. Liddiard, Dale Bish, Wilson Sonsini Goodrich & Rosati, Palo Alto, CA, Joseph E. Paradis, Brophy Schmor LLP, Medford, OR, for Plaintiffs/Counter–Defendant. Stewart, Thompson Coburn LLP, Washington, DC, David B. Rowden, Kalpesh Shah, Adam Wolek, Thompson Coburn LLP, Chicago, IL, Raymond J.
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