U.S. District Chief Judge Bruce S. Jenkins has extended a restraining order preventing a California doctor from marketing a product that is said to treat cancer and immunological disorders.
The order was extended upon the request of L. Benson Mabey, an attorney for Dimension Industries Inc., a Utah-based corporation. It restrains Dr. Henry Mee from marketing his product, somalin, until it is determined whether he violated his contract with the company. A new hearing date was set for Sept. 9.Mabey also asked that Mee be ordered to show whether he had transferred his rights to the product to another company before the restraining order was issued.
Jenkins denied the request, saying he was reluctant to make such an order.
Mabey said Mee wrote the company after the restraining order was issued. The letter stated that Mee had or was in the process of transferring his rights to the product to another corporation, Mabey said.
Dimension's original complaint said it would suffer "immediate and irreparable injury, loss or damage" if Mee transferred his rights to another company. The restraining order was issued to prevent such action.
According to the suit, Mee entered into an option and license agreement with Dimension, giving it the right to decide if it wanted to distribute the product.
Dimension was to test somalin for 30 days and pay Mee $5,000. The contract also stated that the company could extend its testing period for up to 90 days, paying Mee $5,000 for each additional 30 days.
The contract said if Dimension accepted the product, 200,000 shares of stock would be transferred to Mee. He would also receive $1.45 million and a $75,000-per-year job with the company.
The suit included copies of receipts showing Mee received $5,000 and 200,000 shares of stock before the testing deadline had expired. It also included a copy of a letter Mee sent to the company, saying it failed to renew the extension period and he considered the contract void.
Dimension is asking that Mee be ordered to fulfill his part of the contract or pay them $1 million, court costs and attorneys fee. The restraining order includes a provision to award Mee $10,000 if it is decided in court that there were no grounds for the order.