KIM-C1, LLC v. Valent Biosciences Corp.

ORDER ON PETITIONER’S MOTION TO CONFIRM ARBITRATION AWARD AND ORDER ON RESPONDENT’S MOTION TO VACATE ARBITRATION AWARD

(Doc. Nos. 1, 7, 30, 34)

This case stems from a Licensing Agreement (“the Agreement”) between Petitioner Kim-Cl, LLC (“Kim”) and Respondent Valent Biosciences Corp. (“Valent”). In 2010, the parties attended an arbitration. Kim seeks to have the arbitration award confirmed under 9 U.S.C. § 9 , that is, the Federal Arbitration Act (“FAA”). Valent seeks to vacate the arbitration award. For the reasons that follow, the Court will deny Valent’s motion and confirm the arbitration award.

GENERAL BACKGROUND

From the submissions of the parties, in July 1999, Kim and Valent entered into the Agreement in order for Kim to provide Valent a license to market, sell, and promote for use on specified crops an agriculture chemical known as CPPU. See Respondent’s Exs. 1.4, 1.7. As one of the Agreement’s recitals states:

Id. at 1 .4. The Agreement identifies the territory to which the license applies as the United States. See id. at 1 .6, 1.7. As indicated in the quoted recital, the crop for which Valent is to sell CPPU is identified as grapes (kiwis appear to have been added…