Filed July 21, 2009.
Opinion by Judge Evelyn Omega Cannon.
Held: An arbitration clause in a licensing agreement but not in a related agreement between the same parties will cover claims based on the related agreement so long as the claims "touch matters" covered by the clause. Further, an arbitration clause binds a non-signatory of an agreement if he or she is a transaction participant that is closely related to the dispute.
Facts: The parties entered into a series of three agreements concerning the development and marketing of a medical treatment. Two agreements did not contain an arbitration clause. The plaintiff filed suit for breach of one of those agreements, and the defendants moved to dismiss, invoking the right to arbitrate. The Court referred to the substance of the complaint and determined that the allegations "touched matters" covered by the agreement containing the arbitration clause. Accordingly, the plaintiff was required to arbitrate.
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