After more than five months of sticking with a confidentiality agreement, the University of Hawaii today released the terms of its legal settlement with Anthony Perry, a former university researcher. UH, former researcher
agree to drop suitsBy Tim Ruel
truel@starbulletin.com
The settlement itself is relatively straightforward. Perry and UH sued each other in 1999 over the rights to the highly publicized "Honolulu technique" of manipulating genetic information to clone mice. In the settlement, both sides agreed to drop all complaints. No cash was involved.
Walter Kirimitsu, general counsel for UH, said the university is being extremely careful with Perry in part because of the potential for future lawsuits. UH and Perry have submitted competing federal patent applications for the same genetic technique, posing a problem, Kirimitsu said.
Originally, UH had licensed the mouse-cloning technique to ProBio America Inc., a firm founded by Australians that has since left Hawaii because it couldn't raise funds here.
On March 21, 2000, ProBio gave up the right to any future discoveries made by UH. In return, ProBio paid UH $175,000, about 60 percent of the amount the firm owed the university under the licensing agreement, Kirimitsu said.
Last year, when the Star-Bulletin requested terms of the Perry settlement, UH refused, citing the confidentiality agreement. State settlements are generally public record. Similarly, UH at first refused to provide information on the new agreement with ProBio.
Moya Gray, director of the state Office of Information Practices, said she couldn't see any legitimate need for confidentiality in the Perry case. "So I must conclude that is a part of a culture of secrecy," Gray said.
University of Hawaii
