WINNIPEG, Manitoba – Kane Biotech, Inc. is pleased to announce that in its lawsuit against one of the top three pet food companies in the world, with annual revenues of over $90 billion (“Company”), a federal judge in St. Louis, Missouri rejected in total the Company’s motion to dismiss all six counts of Kane’s Complaint, paving the way for an ultimate jury trial on the merits.
In its Complaint, Kane alleged that the Company and Kane entered into a Confidential Joint Development Agreement under which Kane disclosed its confidential technology for anti-microbial technology for pets with the expectation that the Company would in turn market and sell products utilizing the technology and pay Kane a royalty on such sales. Kane, in the Complaint, further alleged that the Company never intended to market and sell products utilizing the technology, but instead merely used the Joint Development Agreement as a ruse to gain access to Kane’s technology in order to later claim that the technology was its own (and in the process skip the expensive Research and Development costs for the development of the technology). As the Complaint further alleges, that is exactly what the Company tried to do by filing its own subsequent competing patent application for Kane’s antimicrobial technology.
The Company-through the motion to dismiss (in which the Company attempted to have the case dismissed on various legal technicalities)-hoped to avoid discovery into these allegations and what was done internally by the Company with Kane’s technology and the decision to file its own patent application.
“We fully expected the case to proceed to trial and look forward to the discovery phase. We believe we will be able to concretely discover the wrongful actions of our ‘partners’, which caused damage to Kane, and are compensable,” explained Marc Edwards, Chief Executive Officer of Kane Biotech.
Kane’s lawyer Glen Waldman of the Waldman Barnett law firm added, “The Court now has provided us with the opportunity to look behind the curtain and find out what really went on. We are confident that we will be able to establish the facts that support our strong claims and ultimately have a jury consider an award in the multi-millions of dollars.”
Partner Michael Sayre is also actively involved in the case.