By Memorandum Opinion entered by the Honorable Sue L. Robinson in Cellectis S.A. v. Precision Biosciences, Inc., Civil Action Nos. 11-890-SLR and 12-204-SLR (D.Del., August 6, 2012), the Court granted the motion of defendant Precision Biosciences, Inc. to stay the declaratory judgment actions filed by plaintiff Cellectis S.A. in the District of Delaware pending a determination by the United States District Court for the Eastern District of North Carolina regarding the applicability of the first-filed rule in the infringement actions filed by Precision against Cellectis in that district. In its analysis, the Court recognized that Precision filed the patent infringement action first in the Eastern District of North Carolina and rejected Cellectis’ argument that the first-filed rule should not apply because the North Carolina court allegedly lacks jurisdiction over Cellectis. Id. at *5. The Court explained that Cellectis had previously sued Precision in North Carolina, should not oppose litigating in a court where it previously litigated without complaint, and the North Carolina court should be allowed to make the determination in the first instance as the first-filed court. See id. at *5-6.

A complete copy of the Opinion is attached.