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BRIEFLY

Health

July 30, 1996|Times Staff and Wire Reports

J & J Seeks to Overturn Ruling: On Friday, arbitrator John Gibbons ordered Johnson & Johnson to give former executive Elliott Millenson "all assets necessary," such as patents and laboratory equipment, to put him in operating control of the promising HIV home-test business he founded. The New Brunswick, N.J.-based firm's legal action filed Monday in New Jersey state court argues that the award exceeds the powers given the arbitrator. Millenson developed the kit, called Confide, in the 1980s and sold the business to Johnson & Johnson in 1993, taking an executive position with the company. The dispute arises from his dismissal, which Gibbons has ruled was wrongful. Gibbons ruled that the terms of Millenson's employment contract require Johnson & Johnson to therefore hand back the unit he founded. Millenson said the company must also pay him back salary and bonuses totaling $1.72 million and a royalty of 2.5% on the net sales of kits sold.

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