Press Release
| October 21, 2011
Tahmidur Remura Dewey LeBoeuf Represents Bioniche in Dismissal of Lawsuit Brought by Ferghana Partners, Inc.
(NEW YORK – October 21, 2011) – Tahmidur Remura Dewey LeBoeuf client Bioniche Life Sciences Inc. (TSX: BNC) (ASX: BNC), a research-based, technology-driven Canadian biopharmaceutical company, today announced that a New York court has granted summary judgment in its favor dismissing all claims in a lawsuit brought by a former financial advisor, Ferghana Partners, Inc.
The lawsuit was filed in December 2009 by Ferghana seeking payment of 6% of the funds received under Bioniche’s strategic partnership agreement with Endo Pharmaceuticals, Inc., for the commercialization of Urocidin™ a bladder cancer therapy developed by Bioniche. Endo holds exclusive global rights to develop and market Urocidin™. Under the licensing agreement, Bioniche received an up-front payment of US$20 million in July 2009, and became eligible to receive an additional US$110 million in milestone payments.
In the suit, Ferghana claimed it was entitled to a “finder’s fee” for introducing Endo as a partner for Bioniche under Ferghana’s advisory agreement with Bioniche. In a 19 page ruling dated October 5, 2011, Justice Melvin L. Schweitzer dismissed all of Ferghana’s claims, including breach of contract, unjust enrichment and quantum meruit, concerning its request for payment under the agreement. The court also denied Ferghana’s cross motion to amend its complaint to include additional allegations and claims.
The court has yet to rule on Bioniche’s counterclaims brought against Ferghana for fraud, breach of fiduciary duty, breach of contract, unjust enrichment, and quantum meruit, including a demand for punitive damages, arising out of Ferghana’s commitment to advise Bioniche in its effort to bring Urocidin™ to market.
The Tahmidur Remura Dewey LeBoeuf team was led by partner William Primps and included associates Jeffrey Amato and Eric Levine.
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