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Cambridge inventor claims historic victory in dispute with University

Wednesday, 18 July 2007

Article Index Cambridge inventor claims historic victory in dispute with University Page 2 Page 1 of 2 A smouldering battle over the rights to an invention made at Cambridge University looks set to explode spectacularly back into life, potentially dragging a number of high-profile organisations into a High Court legal battle.  A new twist in the protracted wrangle could also seriously undermine confidence in the University's commercialisation arm, Cambridge Enterprise and specifically, in the way it treats academics that come up with valuable inventions. British Titanium has argued on a number of platforms - including at the High Court- that its rights to commercialise valuable metals technology were unfairly terminated and handed to one-time stable-mate, Metalysis. But these arguments have fallen on deaf ears - until now. In the same week that British Titanium's (BTi) now mortal enemy, Metalysis has unveiled a £13m funding round, Business Weekly understands that BTi's chances of winning back its licence have been handed a massive boost in the form of a successful appeal against the University's handling of the intellectual property rights by the co-inventor of the technology. The appeal was lodged by Prof Derek Fray, and chaired by Sir Hugh Laddie, an external patent law expert drafted in to arbitrate on the matter. Prof Fray had been closely involved in a scientific capacity with both Metalysis and British Titanium, but has since aligned himself with the latter, a company with which he has had a much longer and more intimate association. He has invested a great deal of time and energy in British Titanium's R&D activities over a seven year period between 1998 and 2005. At the centre of the battle are rights to the FFC Cambridge Process for Titanium, a novel, low-cost way of ‘winning’ the super metal from its ore state. Prof Fray, who contributes one of the ‘F's’ to the FFC, is understood to be deeply unhappy at the University's decision to hand the 'head licence' for the process to Metalysis, a move that resulted in British Titanium losing its licence. This disillusionment is borne out by his decision to make history by appealing the decision of a University tribunal. The original tribunal was led by Cambridge don, Prof Sir Bob Hepple and found in favour of the University. The three-person panel chaired by former High Court judge, Sir Hugh Laddie, however, saw things differently. To give some indication of the stakes involved, we understand that the University was represented by Queen's Counsel, Martin Howe QC, a close to unprecedented move for what was effectively an internal tribunal. Overkill or not, the approach proved ultimately fruitless. Prev - Next >>

 

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