Plaintiff alleges breach of contract by biopharmaceutical company over unpaid sublicense fees

Ohio State Innovation Foundation (OSIF) has filed a lawsuit against OncoC4, Inc., alleging a breach of their License Agreement. The complaint was submitted to the United States District Court for the Southern District of Ohio on November 26, 2025. OSIF accuses OncoC4 of failing to pay over $12.6 million in sublicense fees, which could have supported ongoing research at The Ohio State University.

The dispute centers around a License Agreement originally executed between OSIF’s predecessor, The Ohio State University Research Foundation (OSURF), and OncoC4’s predecessor, OncoImmune, Ltd., dating back to August 18, 2004. This agreement was amended multiple times, with the latest amendment requiring OncoC4 to pay OSIF a royalty of seven percent on any sublicense revenue received from third parties for sublicenses granted to OncoC4’s rights in certain biological materials or ONC-392—a cancer treatment compound developed at OSU. In March 2023, OncoC4 entered into a collaboration with BioNTech SE, receiving an upfront payment of $200 million for an exclusive license related to ONC-392. However, OncoC4 claims that $180 million of this payment was specifically designated for research and development purposes and thus not subject to the seven percent fee.

OSIF contends that there is no evidence supporting this designation and argues that the entire $200 million should be considered sublicense revenue under their agreement. After failed attempts at resolution and an independent investigation revealing discrepancies in OncoC4’s financial records, OSIF asserts that it is owed $14 million in total sublicense fees based on the full amount received from BioNTech. Additionally, OSIF claims further amounts are due based on excess reimbursements from BioNTech and seeks compensation for inspection costs incurred during their investigation.

In seeking judgment from the court, OSIF requests compensatory damages exceeding $12.6 million plus interest and costs associated with enforcing the contract terms. They also demand specific performance from OncoC4 to fulfill its obligations under the License Agreement regarding payments on sublicense revenue.

Representing OSIF is attorney Aneca E. Lasley from Ice Miller LLP. The case has been assigned Case ID: 2:25-cv-01393-EAS-KAJ.