PhotoCure ASA v Queen's University at Kingston

PhotoCure ASA sought to have DUSA Pharmaceuticals Inc joined as a party to the proceeding and sought an order that Queen’s University at Kingston be removed as a party. PhotoCure ASA was the owner of a patent relating to light-activated drugs. Queen’s University at Kingston was a party to a licence agreement for the patent. DUSA Pharmaceuticals Inc held a licence agreement for the same patent and applied to have Queen’s University at Kingston removed as a party. The parties disputed the rights of DUSA Pharmaceuticals Inc under its licence agreement and the rights of Queen’s University at Kingston under its licence agreement. The dispute was whether DUSA Pharmaceuticals Inc’s licence agreement was exclusive or non-exclusive.

The court held that the licence agreement between PhotoCure ASA and DUSA Pharmaceuticals Inc was non-exclusive. The court held that the rights of Queen’s University at Kingston under its licence agreement did not permit it to exclude other licensees. The court held that DUSA Pharmaceuticals Inc’s application to remove Queen’s University at Kingston as a party to the proceeding was without merit. The court held that DUSA Pharmaceuticals Inc’s application to be joined as a party was premature. The court held that DUSA Pharmaceuticals Inc’s application was vexatious. The court dismissed DUSA Pharmaceuticals Inc’s application and ordered that it pay the costs of PhotoCure ASA.