Legal Proceedings
−Removed: In December 2019, we learned of a complaint that had been filed by Dr.
−Removed: De-Chu Christopher Tang (“Plaintiff”).
−Removed: We received a copy of the complaint on January 2, 2020, and on January 24, 2020, we removed the case to the United States District Court for the Eastern District of Texas (No.
−Removed: 4:20-CV-00063-ALM-CAN), where it is currently pending (the “Texas Lawsuit”).
−Removed: Plaintiff amended his complaint on February 25, 2020, naming Vipin K.
−Removed: Garg and David J.
−Removed: Drutz as defendants, in addition to the Company (Dr.
−Removed: Drutz, and the Company are collectively referred to as “Defendants”).
−Removed: In March 2020 the Defendants filed a motion to dismiss the complaint.
−Removed: The Court denied the motion without prejudice and allowed Plaintiff an opportunity to file an amended complaint.
−Removed: Plaintiff’s second amended complaint was filed on April 17, 2020, and Defendants filed a motion to dismiss that complaint on May 1, 2020.
−Removed: A hearing on Defendants’ motion to dismiss was held on May 20, 2020, and the motion is currently pending.
−Removed: Plaintiff, who is representing himself, alleges five causes of action against Defendants, based on (1) Defendants’ alleged retention of Plaintiff’s lab notebooks after the termination of his employment in 2012;
−Removed: (2) alleged plagiarism based on publishing an article without naming Plaintiff as an author;
−Removed: (3) use of the Adhigh System, which Plaintiff alleges he developed;
−Removed: (4) allegations that Defendants manipulated the Company’s stock and caused a decrease in value;
−Removed: and (5) allegations that the Defendants “wast[ed] government grant money and poison[ed] science by leaving data to rot.”
+Added: In December 2019, a complaint was filed by Dr.
+Added: De-Chu Christopher Tang (“Plaintiff”) against us in the United States District Court for the Eastern District of Texas.
+Added: See Note 16 to the consolidated financial statements appearing in Item 1 of this report for further details.
A prior lawsuit filed by the Plaintiff against us in the United States District Court for the Northern District of Alabama, resulted in the entry of a Final Consent Judgment and Permanent Injunction on August 25, 2016 (the “Alabama Judgment”).
1 unchanged sentence
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.