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CAMBRIDGE BIOTECH CORPORATION v. PASTEUR SANOFI DIAGNOSTICS

433 Mass. 122 (2000)

CAMBRIDGE BIOTECH CORPORATION & another v. PASTEUR SANOFI DIAGNOSTICS & others.

Supreme Judicial Court of Massachusetts, Middlesex.

December 22, 2000.

Attorney(s) appearing for the Case

William J.T. Brown, of New York (Allen C.B. Horsley & David A. Hoffman with him) for the plaintiffs.

Jeffrey D. Sternklar (Michael R. Gottfried with him) for Pasteur Sanofi Diagnostics.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.

GREANEY, J.

We transferred this case to this court on our own motion to decide whether a forum selection clause in a licensing agreement between the plaintiff Cambridge Biotech Corporation (CBC) and the defendant Pasteur Sanofi Diagnostics (Pasteur) should be enforced. The clause required any controversy "exist[ing] or aris[ing]" under the agreement to be brought in the courts of the defending party (in this instance the...

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