ENGELHARD CORPORATION v. RESEARCH CORPORATION


268 A.D.2d 358 (2000)

702 N.Y.S.2d 255

ENGELHARD CORPORATION, Respondent-Appellant, v. RESEARCH CORPORATION et al., Appellants-Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 25, 2000.


We agree with the motion court that the parties' agreement, dated January 15, 1979, giving defendants the exclusive right to license certain compounds, including carboplatin, to pharmaceutical companies, does not unambiguously relieve defendants of the obligation to pay plaintiff a share of the royalties received by defendants from the licensee for technical information relating to carboplatin. In particular, the "adjusted gross income" provision of the subject contract contains...

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