Bavaria v. Ohio State Univ.

Citations

• 2024 Ohio 3217

Syllabus

Breach of contract breach of fiduciary duty fraud, rescission unjust enrichment civil conspiracy declaratory judgment. Plaintiff and defendant collaborated to develop a genetically modified mouse model and entered into a licensing agreement for that mouse model. Defendant independently developed a genetically modified mouse model using the parties' original mouse model, which defendant licensed for use by a third-party laboratory. A hospital obtained defendant's genetically modified mouse model from the laboratory and used it to develop a gene therapy product. The gene therapy product generated profits for the hospital and licensing fees for defendant. Based on the hospital's use of the mouse model, plaintiff claimed it was entitled to $49 million in damages from defendant due to defendant's alleged breach of its contractual and equitable duties. After a bench trial, the court found plaintiff failed to meet its evidentiary burden on its claims and granted judgment in favor of defendant.