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UNIVERSITY OF ILLINOIS v. ORGANON TEKNIKA CORP.

No. 09-3375.

614 F.3d 372 (2010)

BOARD OF TRUSTEES OF the UNIVERSITY OF ILLINOIS, Plaintiff-Appellee, v. ORGANON TEKNIKA CORPORATION LLC, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 27, 2010.

Attorney(s) appearing for the Case

George C. Summerfield, Jr. (argued), Attorney, Stadheim & Grear, Chicago, IL, for Plaintiff-Appellee.

Michael H. King, Dewey & Leboeuf, Chicago, IL, Harvey Kurzweil (argued), Attorney, Dewey & Leboeuf, New York, NY, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and BAUER and HAMILTON, Circuit Judges.

EASTERBROOK, Chief Judge.

Organon Teknika, a subsidiary of the pharmaceutical manufacturer Merck & Co., licenses from the University of Illinois some intellectual-property rights needed to make Tice® BCG, a drug for cancer. The royalty that the University receives depends on what Organon Teknika collects from its customers. Because the license allows Organon Teknika to sell to affiliated firms, the University was concerned that the transfer prices would be...

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