Sunday, August 09, 2009

Footnote to Madey v. Duke University: Duke goes after insuror for legal fees

James Gallagher, in an article titled Duke sues insurer to cover costs of Madey-laser suit
gives a suggestion of "how much" Duke paid in the litigation against John Madey, which was
ultimately unsuccessful:

Randall Roden, an attorney with Tharrington Smith who represented Madey, says he doesn’t believe the $5 million limit on Duke’s insurance policy with Coregis would cover the legal costs and settlement, adding that he wouldn’t be surprised if Duke spent $5 million on legal fees alone.

This is at the level the University of Rochester spent in its unsuccessful patent suit
against Searle concerning COX-2 inhibitors.

Oh, yes, John Madey did get the laser from Duke, so Duke ended up with a large legal bill, no laser, and no Madey.
[The whole problem began when Duke started to give time on the laser to other scientists, creating a turf war of sorts. The episode had many unintended consequences.]

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