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Quebec Court of Appeal dismisses technology transfer suit against Neptune Technologies

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Groupe Conseil Harland Inc. and Neptune Technologies and Bioressources Inc.

Université de Sherbrooke v. Beaudoin 2010 QCCA 28 On January 14, 2010, The Quebec Court of Appeal dismissed a claim by the inventors of a patented process for extracting krill oil against the University of Sherbrooke and Groupe Conseil Harland Inc. ("Harland") and its affiliate Neptune Technologies and Bioressources Inc. ("Neptune"). The court confirmed Neptune's ownership rights on the technology and the related patents. The inventors argued that they had not been consulted on an amendment to a license agreement with Harland which transferred Harland's rights to Neptune and set a fixed purchase price. The inventors had been advised of the proposal to set a fixed purchase price and had opposed the idea. The Court ruled that it was not necessary to obtain the inventors' consent or be given another opportunity to voice their opposition. The Court concluded that the university had complied with its obligation to consult. Julie Desrosiers and Marc-André Nadon of Fasken Martineau were counsel to Harland and Neptune in this proceeding.



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