Gensetix, Inc. v. Baylor College of Medicine, Diakonos Research, Ltd., and William K. Decker

Summary

This is a dissenting opinion in an appeal concerning whether the Texas Citizens Participation Act applies to Gensetix’s contract and interference claims arising from research commercialization. Justice Poissant disagreed with the plurality’s conclusion that the dispute involved communications about a good, product, or service in the marketplace, relying on the Texas Supreme Court’s interpretation of that phrase in Creative Oil & Gas, LLC v. Lona Hills Ranch, LLC. She would have reversed the trial court’s dismissal orders and remanded for further proceedings.

Holdings

1. The dissent would hold that the dispute does not involve a matter of public concern under Texas Civil Practice and Remedies Code section 27.001(7)(E), because the defendants failed to show that the relevant communications were directed at a broader public audience of potential buyers and sellers rather than only parties to a private transaction.
2. The dissent would reverse the trial court's orders dismissing Gensetix's causes of action and remand for further proceedings.

Questions Presented

1. Whether the alleged communications concerned a "matter of public concern" under the Texas Citizens Participation Act because they involved a good, product, or service in the marketplace.
2. Whether the defendants demonstrated that Gensetix's causes of action were based on, related to, or in response to communications directed at a public audience of potential buyers or sellers.

Disposition

affirmed