Becton, Dickinson and Co. v. BioMedomics, Inc.
United States District Court for the Eastern District of North Carolina
543 F. Supp. 3d 266 (2021)

- Written by Kate Douglas, JD
Facts
BioMedomics, Inc. (defendant) developed a test that detected COVID-19 antibodies and that could therefore be used to trace the virus’s spread. BioMedomics developed the test to address a significant global need. Becton, Dickinson and Company (Becton) (plaintiff) allegedly agreed to purchase tests, and BioMedomics procured 2.5 million tests for distribution outside the United States (export products). After the Federal Drug Administration failed to grant BioMedomics the right to sell and distribute the tests in the United States under an Emergency Use Authorization (EUA), Becton wrote to BioMedomics and purportedly repudiated the agreement. Becton never paid for the export products. Becton sued BioMedomics to recover certain amounts it had already paid in connection with products for sale in the United States. BioMedomics filed a breach-of-contract counterclaim based on Becton’s failure to pay for the export products. Although BioMedomics alleged that the parties reached an agreement through discussions and requests, BioMedomics’s counterclaim did not allege that their agreement was reduced to writing. Becton filed a motion for judgment on the pleadings, arguing that BioMedomics’s breach-of-contract counterclaim was barred by the statute of frauds because the purported contract was not in writing and signed by Becton. BioMedomics argued that the specially-manufactured-goods exception and the merchant exception to the statute of frauds of the Uniform Commercial Code (UCC) applied.
Rule of Law
Issue
Holding and Reasoning (Flanagan, J.)
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