Motion for preliminary injunction against ABT denied by US court – entire lawsuit stayed
by Hans Christian Leren | Jun 29, 2016
The federal court in the Southern District of New York, USA, has for a second
time denied a motion for injunctive relief brought against Aqua Bio Technology
ASA by Access Business Group International LLC. The court also ordered that the
lawsuit be stayed pending resolution of an arbitration, which is the dispute
resolution mechanism established in the original contract.
The court previously ruled against a temporary restraining order against ABT and
has now again ruled against Access' claim for a preliminary injunction.
Furthermore, the court found that Access failed to prove irreparable damage, and
stayed the US lawsuit so that the disagreement between the parties could be
resolved by arbitration in London, as set forth in the original contract.
Access filed a complaint against ABT in March of this year, claiming that the
Company is breaching a contractual obligation to deliver a cosmetic ingredient.
ABT and Access entered in 2012 into an agreement that granted Access certain
exclusivity rights to sell skin care products containing ABT's ingredient,
Aquabeautine XL®, through its direct sales channel. The agreement expired on 1
January 2016. Before the parties could agree on terms on which ABT would
continue to supply Aquabeautine XL®, Access took legal action, claiming a breach
of the agreement.
For further information, please call Arvid Lindberg, CEO, telephone
+47 9824 5410
Aqua Bio Technology (ABT) has launched several cosmetic ingredients used in skin
care products globally. Skin care is the fastest growing segment in the
cosmetics industry, where ABT's ingredients have established a foothold. In
addition to ingredients from its own technology, ABT also commercializes novel
technologies/ingredients for partners, for use in skin care products. Aqua Bio
Technology is listed on the Axess market of the Oslo Stock Exchange.
This information is subject to the disclosure requirements pursuant to section
5-12 of the Norwegian Securities Trading Act.
[HUG#2023851]
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