Cytogenix (fka CYGX)

[arnold]

'SPIFFY'
Here are 2 paragraphs taken directly from the lawsuit. It is titled Facts:
V.

"On or about July 21, 3003, Plaintiff and Defendant CytoGenix entered into that certain Agreement for Options and Licensing of Intellectual Property (the "Intellectual Property Agreemen") which sets forth the agreements between Defendant CytoGenix and Plaintiff for option and license agreements giving Plaintiff rights to license for production, marketing, and distribution the anti-herpetic formulatios based on 's single stranded DNA ("ssDNA") expression vector technology (subject matter technology) used to down regulate the Herpetic ICP-4 gene and subsequent improvements including, but not limited to, sequences against additional herpetic gene targets (such as ICP-47) and /or improvements to the expression vector, as well as technical know-how, show-how, materials, and methods necessary to practice the Option Rights and the License Rights.

VIII.

"Immediately subsequent to the execution of the Intellectual Property Agreement, the China Option Agreement, and the India Option Agreeent and the payment to Defendant CytoGenix by Plaintiff of the sum of $80,000.00, Defendant CytoGenix ceased working on its herpes suppression products, and instead, began working on a treatment for sepsis, thus making the marketing of the herpes treatment product (s) defined within the parameters of the "Option Rights," as defined in the China Option Agreement and the India Option Agreement. Additionally, upon further investigation of the actions of Defendant CytoGenix and Defendants Skolnick, Wunderlich, Vazquez, and Ocampo, said Defendants have knowingly and intentionally breached both the letter and the spirit of the Intellectual Property Agreement, the China Option Agreement, and the India Option Agreement. Defendants have conducted clinical trials on the suppression of gene ICP47 and refused to provide Plaintiff with information concerning the occurrence of such clinical trial or their results. Further, when Plaintiff's management asked for the results of such clinical trials, Defendant Wunderlich responded with the statement, "We will be happy to give you the results of the clinical trials the day after your options run out."
.

Arnold