IXC has nothing to worry about. The arrangement is with the...

IXC has nothing to worry about. The arrangement is with the University and there are no allegations that IXC either induced a breach of contract or was aware of any confidential information when dealing with the university.

In the off chance that these people come after IXC, it is standard to have a clause in all license agreements stating that all IP provided by each party is done so on the basis that they are legally entitled to use that IP for the defined purpose. If the uni stuffed up, then they will be in the gun, if anything IXC may even join the other party and go after the uni for breach of contract and seek damages in that regard.

The FDA process is totally separate, and even if the basis upon which the results were derived from IP used without authority, this cannot be considered by the FDA in issuing its response.

My view: Storm in a tea-cup because the other guy is pissy because they didn't do what IXC has done and now they can see its going to make an absolute killing.

All IMO/ DYOR