Molecular Analytical Systems v. Ciphergen Biosystems, Inc

In Molecular Analytical Systems v. Ciphergen Biosystems, Inc. (2010) 186 Cal.App.4th 696, the plaintiff sued two defendants based on a licensing agreement it entered into with one defendant, who then assigned the agreement to the second defendant. Both defendants moved to compel arbitration based on an arbitration provision in the licensing agreement. (Id. at pp. 701-702.) The plaintiff opposed the motion by arguing the defendants failed to meet their burden to allege and prove the existence of an arbitration agreement because the defendants denied all of the plaintiff's claims. (Molecular Analytical, at p. 709.) The Molecular Analytical court rejected this argument, explaining the defendants in its case did not dispute the existence of the licensing agreement in moving to compel arbitration. (Id. at p. 710.) Because the Molecular Analytical defendants simply denied they were liable to the plaintiff, the court concluded the facts in its case were "entirely dissimilar" to those in Brodke. (Molecular Analytical, at p. 710.)