The Record

The Hooman Asbaghi Case

A filing is not a verdict. Nothing on this site is a finding of liability.

Section 04b

Gerloni v. Zanetti

California Court of Appeal, Fourth Appellate District, Division One. Mara Gerloni v. Maurizio Zanetti, D059695, Superior Court GIC868327. Filed 1 February 2013. Unpublished under California Rules of Court, rule 8.1115. Short holding as printed: derivative, no standing as a non-shareholder; contract and fraud counts failed on deposition. The same opinion recites the Transgenix / Cosmo Bioscience sale and that in 2005 Gerloni left UCSD to become CBI’s chief executive officer. Eighteen calendar days after the alleged 14 January 2013 Padtan meeting is a calendar fact. Coordinated use of this lawsuit as a twenty-year shield remains his claim. Nature, 13 February 1997, is contemporaneous reporting, not a retry.

On the documents

Caption, holding, Cosmo, Nature

Documented. Zanetti was a UCSD professor of medicine. Gerloni joined that lab as a postdoctoral fellow in 1993. Transgenics was a real company. Cosmo later bought that vehicle and renamed it Cosmo Bioscience. The unpublished 2013 opinion recites that sale ($18,000 to Zanetti) and the 2005 CEO appointment. A ResearchGate snippet still prints CEO at Cosmo Bioscience. An image result captions Cosmo Pharmaceuticals NV — a related public name, not proof the two Cosmo vehicles are one filing. A Cosmo 10-K note describes Cosmo Bioscience v. Adamis and Zanetti, filed May 2010. Nature, 13 February 1997, reported a UCSD misconduct charge that included human-experiment and biosafety-policy allegations; a later faculty panel recommended a reprimand for guideline violations while rejecting fabrication; the 2013 opinion recites a tenure-committee exoneration. A federal court rejected Gerloni’s co-inventor claim. This page is the state appeal. The 20-page opinion is not reprinted here. The contemporary news item is Rex Dalton, “Heat rises over UCSD ‘misconduct’ charge,” Nature.

Claimed. Ommid working in that lab, dating Zanetti, and introducing Ghasemi for Iranian trials remains his account until a personnel page, grant, or contemporaneous letter is mounted. Trans In’Tech, LLC is a real California entity whose public officers include names from this family; “cover-up company” is the allegation, not the filing. Coordinated use of Gerloni v. Zanetti as a twenty-year shield for Padtan Elm or Iranome remains claimed. Unconsented human trials stay alleged in that 1997 reporting, not a verdict on this page.

Documented · as the unpublished opinion recites it

The deposition is why summary judgment held

The copy of D059695 is the original for this section. The appellate court did not retry inventorship. It affirmed summary judgment because Gerloni’s own deposition did not raise a triable issue on the contract and fraud counts that survived as individual claims.

The opinion recites a first deposition on 8 September 2006 — just over a month after she signed a declaration describing promises. At deposition she did not recall Dr. Zanetti telling her she would be a director of Transgenics, whether she attended any directors’ meeting, or even whether a directors’ meeting ever happened. What she did recall, as the opinion quotes it, was a more general statement: Zanetti wanted to open a biotech company and she would have a key role in it.

She also testified she lacked knowledge about intellectual property and was thinking Zanetti was taking care of that. She had not seen Transgenics’ entire business plan. She trusted him to protect her interest. She had no idea what it would cost to start a company and thought funds would come from outside investors rather than from her. She understood there would be profit for people involved, but she had no quantification, and she thought Zanetti would cover her interests. The court treated those admissions as going to the heart of her case, not as trivia.

The opinion notes that by the time of Zanetti’s renewed summary- judgment motion in 2010 she had not signed a new declaration under oath explaining the gap between the original declaration and the deposition, or claiming her memory had been restored. Without a recollection of a promise, the court said, she had no prospects for trial.

Documented · certainty

No meeting of the minds

California contract law requires reasonably certain material terms. The appellate court held a jury could not reasonably find that element. The evidence, as recited, did not show a meeting of the minds on the material terms of any agreement, so breach and remedy were not capable of proof. That is a legal holding on this record. It is not a finding about Tehran.

Documented · constructive fraud

The fraud count was not actual fraud

The complaint’s fraud claim, as the opinion describes it, was constructive fraud based on a fiduciary duty Zanetti supposedly owed Gerloni. Even if a fiduciary relationship were arguable — the court called that doubtful — the claim still rested on the same supposed promises. She did not raise a triable issue of material fact on those promises. Summary judgment for Zanetti was affirmed 1 February 2013.

Calendar fact · then the claim

Eighteen days, then the reading

Documented. The alleged Padtan share meeting is dated 14 January 2013. This opinion was filed 1 February 2013. That is eighteen calendar days. Two public dates. The dispute itself runs from a 1993 laboratory relationship through this 2013 affirmance. Zanetti’s antigenized- antibody and somatic-transgene-immunization work, and patents aimed at cytotoxic T-lymphocyte responses against tumor antigens including telomerase reverse transcriptase, are public science and public patent paper. A Cosmo securities note describes a later license fight. Gerloni’s move from accuser to CBI CEO in 2005 is recited on this same opinion.

Claimed. That the deposition “memory lapse” was contrived. That the family reached a deal with Zanetti to keep inventions tied up in court until after a 14 January 2013 transfer. That patents were then “released” on 3 February 2013 as a coordinated step. That this twenty-year docket was a shield for covert trials or for Iranome. Those readings are his. The opinion does not name Padtan Elm, Farideh, Ommid, or a Tehran share deed. A USPTO issue or assignment date of 3 February 2013 is not mounted here; do not flatten it into Thermo Fisher’s 3 February 2014 close of Life Technologies.

Investigator color — that a highly trained scientist forgetting promises a month after a declaration “borders on the absurd” — is argument about credibility. The court already treated the deposition as fatal to her remaining counts. That is enough for this page. It is not a finding she was a cut-out for Iranian work.

Context · Moores

Director at Moores. Same grants directory as Curebound/Pedal. This Gleiberman 2021 pilot.

A laboratory page prints Maurizio Zanetti as Director of the Laboratory of Immunology at UCSD Moores Cancer Center. Pedal / Curebound copy already lists Moores among funded institutions. Moores’ own Pilot Grant Awardees directory opens with Curebound/Padres Pedal the Cause Grants. On that same directory, under Gleiberman Head and Neck Center Pilot Grant, 2021 Project 3 is “Study of antitumor B cell immunity in head and neck cancer patients,” Maurizio Zanetti, MD. The hosted Gleiberman PDF is that abstract; Curebound is not printed on the PDF. Fall 2022 Curebound Cure Prize Project 1 on the same page is an ovarian-cancer MRI study, not this title. Two programs, one directory. The Gleiberman award is not a Curebound grant.

UCSD Profiles lists him as principal investigator on NIH R01HD025787, “Engineered CD4-like antibodies in neonatal HIV infection,” 2 May 1990 to 30 April 1993. That is the title on the profile. It is not “Regulation of Immune Response by B Cell Antigen Receptor.”

In 2013 the three NCI-designated cancer centers in La Jolla — Moores, Salk, and Sanford-Burnham — formed the San Diego NCI Cancer Centers Council, or C3. Scott Lippman’s Union-Tribune column that May names Scripps Research as one of the neighboring institutes those centers collaborate with. Moores’ own collaborating-sites page repeats the same three C3 members, then lists Scripps Research next door. Scripps Research is not a C3 member on that paper. There is still no joint document that lists Zanetti and Ommid Asbaghi. Fundraising geography is not a personnel page, and it is not a hip protocol.

DocumentedFiled 1 Feb 2013
Gerloni v. Zanetti — unpublished; summary judgment affirmed

Page 1 of the opinion, rasterized at 2× from the attached PDF, plus a warehouse crop of the Transgenix / Cosmo Bioscience paragraph. A 10-page Justia reprint of the same opinion sits in the same Drive folder and is not reprinted here. Unpublished: California Rules of Court, rule 8.1115.

California Court of Appeal, Fourth Appellate District, Division One. Mara Gerloni, plaintiff and appellant, v. Maurizio Zanetti, defendant and respondent. D059695. Superior Court GIC868327, San Diego County, Judith F. Hayes, Judge. Appeal from a summary judgment. Affirmed. Filed 2/1/13. Marked not to be published in official reports. Short holding as printed: the trial court treated the complaint as a corporate derivative action and held she lacked standing because she is not a shareholder; contract and fraud counts failed on deposition. The opinion recites a first deposition on 8 September 2006 at which she did not recall director status, directors’ meetings, or the specific promises in her declaration; she recalled a key role in a company Zanetti wanted to open, trusted him on IP and investors, and had no quantified profit term. No new curing declaration at the 2010 renewed motion. Certainty element failed; the fraud count was constructive fraud on supposed promises, not actual fraud. Factual recitation on the same opinion: in 1999 Zanetti incorporated Transgenix; Cosmo later purchased that shell to use as a vehicle for patient trials at UCSD and renamed it Cosmo Bioscience, Inc. (CBI); Zanetti netted $18,000 from the sale; in 2005 Gerloni left UCSD to become CBI’s chief executive officer. Disposition: judgment affirmed; Zanetti entitled to costs on appeal. McConnell, P. J.; Benke, J.; Huffman, J., concurring.

Establishes. The caption, the docket numbers, the 1 February 2013 filing date, that short holding, the deposition recitation, and those CBI / CEO recitations exist on the face of this opinion. Eighteen calendar days after the alleged 14 January 2013 Padtan meeting is a calendar fact.

Does not establish. Does not mention Padtan Elm, Farideh, Ommid, Iranome, or a Tehran share deed. Coordinated use of this lawsuit as a twenty-year shield remains his claim. Unpublished under rule 8.1115: not citable as precedent. This card is the caption, the holding, and the deposition as the court recited it — not a reprint of the 20-page opinion. A federal co-inventor fight is a separate caption already noted on the people index; it is not this state appeal.

Facts

No public URL mounted yet. The face is quoted above.

Source: Drive folder Zanetti Vs. Gerloni / Zanetti Vs Gerloni.pdf (20-page warehouse copy; this face is page 1)

DocumentedWarehouse still · ResearchGate snippet
ResearchGate snippet — CEO at Cosmo Bioscience

Warehouse still of a ResearchGate search result. Two hits. Highlight as printed: CEO at Cosmo Bioscience.

ResearchGate result lines for Mara GERLONI | CEO | Doctor in microbiology and Virology. Snippet as printed: Mara Gerloni. Doctor in microbiology and Virology; CEO at Cosmo Bioscience. URLs as printed: researchgate.net/profile/Mara-Gerloni-2 and /profile/Mara_Gerloni.

Establishes. A public directory snippet prints her as CEO at Cosmo Bioscience. That title is also recited in the 2013 opinion: in 2005 she left UCSD to become CBI’s chief executive officer.

Does not establish. A search-result snippet is not a corporate filing and not a 10-K. It does not prove she ran unconsented trials, dated Ommid, or used the lawsuit as a shield for Padtan Elm.

Facts

No public URL mounted yet. The face is quoted above.

Source: Drive folder 1Mb4SV-sB5NYQZRBWD5akSxzwCM3gnIfY / CEO at Cosmo Bioscience.png

ContextWarehouse still · Cosmo Pharmaceuticals NV image result
Image result — Mara Gerloni PhD, Cosmo Pharmaceuticals NV

Warehouse still of a Google-style image result. Caption as printed: Mara Gerloni PhD – Cosmo Pharmaceuticals NV.

Portrait result under Cosmo Pharmaceuticals NV. Caption as printed: Mara Gerloni PhD – Cosmo Pharmaceuticals NV. Pixel line as printed: 804 × 1,206.

Establishes. A public image result captions her with Cosmo Pharmaceuticals NV.

Does not establish. Cosmo Pharmaceuticals NV and Cosmo Bioscience, Inc. are not shown here as one legal entity. A portrait result is not a board minute and not a finding about Iranian trials.

Facts

No public URL mounted yet. The face is quoted above.

Source: Drive folder 1Mb4SV-sB5NYQZRBWD5akSxzwCM3gnIfY / Mara Gerloni PhD - Cosmo Pharmaceuticals.png

DocumentedNote 8 as printed · Cosmo Bioscience v. Adamis filed May 2010
Cosmo 10-K note — license fight with Zanetti and Adamis

Warehouse still of a securities filing, Note 8 Legal Matters. Highlight as the investigator marked it.

Note 8, Legal Matters, as printed. Caption: Cosmo Bioscience, Inc. et al. v. Adamis Pharmaceuticals Corp. and Maurizio Zanetti, filed in San Diego Superior Court in May 2010 and stayed in November 2010. Plaintiffs, described as affiliated Cosmo Bioscience entities, claimed they had sublicensed patented technology from Eurogen BV, an entity wholly owned and controlled by Maurizio Zanetti. Highlighted sentence: plaintiffs claimed Zanetti wrongfully terminated their license, and further that Zanetti improperly licensed the same technology to Adamis in violation of plaintiffs’ exclusive license agreement. The note also recites a prior U.S. district-court claim by a Cosmo principal as co-inventor, rejected; a 26 July 2010 motion by Zanetti to compel Italian arbitration; and Cosmo filing a Notice of Arbitration in Italy on 14 May 2012.

Establishes. A Cosmo securities note describes a 2010 San Diego lawsuit against Zanetti and Adamis over a Eurogen license. That caption exists in this filing language.

Does not establish. Does not name Padtan Elm, Farideh, Ommid, or a Tehran share deed. A license fight is not a finding of unconsented human trials and not a 2013 shield.

Facts

No public URL mounted yet. The face is quoted above.

Source: Drive folder 1Mb4SV-sB5NYQZRBWD5akSxzwCM3gnIfY / Plaintiffs claimed that Zanetti wrongfully terminated their license….png

Context13 Feb 1997
Nature — Heat rises over UCSD ‘misconduct’ charge

One-page Nature news item, rasterized at 2× from the warehouse PDF. The full text is not reprinted here.

Nature, 13 February 1997. Dateline San Diego. Headline as printed: Heat rises over UCSD ‘misconduct’ charge. Subject: Maurizio Zanetti, then a tenured UCSD immunologist. Paolo del Guercio, a junior in that lab, alleged fabricated results and violations of university policies on animals, human experiments, and biosafety, and filed a 1995 whistleblower suit. An earlier UCSD ad hoc committee had found evidence of fabrication in published articles. A later faculty panel, two months before this piece, decided he had not fabricated or suppressed results, but had violated university experiment guidelines, and recommended a strongly worded letter of reprimand. The U.S. Attorney’s Office in San Diego had intervened in the lawsuit. Zanetti denied scientific misconduct. Jonas Salk / Immune Response Corporation is named as a research setting. This is contemporaneous reporting, not a verdict.

Establishes. A 1997 Nature news item exists. It reported a live conflict between UCSD panels and a federal whistleblower suit, and it named human-experiment and biosafety policy among the allegations.

Does not establish. Does not name Padtan Elm, Farideh, Ommid, Hooman, or a 2013 Tehran share deed. Does not find that unconsented human trials occurred. The later Gerloni opinion recites a tenure-committee exoneration after determining the accuser had lied, and a 1998 patent-release settlement with UCSD. Keep both faces. This site does not retry Zanetti as guilty on a 1997 news item.

Source: Drive folder 1Mb4SV-sB5NYQZRBWD5akSxzwCM3gnIfY / Zanetti Heat rises over UCSD _misconduct_ charge.pdf

ContextLaboratory page as captured
Zanetti — Director, Laboratory of Immunology, UCSD Moores Cancer Center

Laboratory of Maurizio Zanetti. The Laboratory of Immunology, UCSD Moores Cancer Center. Footer: Director of the Laboratory of Immunology; Director, Immunology Course for Graduate Students (Biomedical Science Program); Director of Tumor Immunology — UCSD Institute for Immunology, Inflammation and Infection.

Establishes. A laboratory page prints Zanetti as director of the Laboratory of Immunology at UCSD Moores Cancer Center. Pedal / Curebound copy already lists Moores among funded institutions.

Does not establish. A director title is not enrollment of this patient. Does not name Ommid. Fundraising to Moores is not a personnel page placing her in that lab.

Source: Maurizio Zanetti Director of the Laboratory of Immunology.png

Context2021 Gleiberman Head and Neck Cancer Center Pilot Grant
Zanetti — 2021 Gleiberman Head and Neck Cancer Center Pilot Grant

One-page abstract rasterized from the hosted original PDF.

UC San Diego Moores Cancer Center. 2021 Gleiberman Head and Neck Cancer Center Pilot Grant. Study of antitumor B cell immunity in head and neck cancer patients. Maurizio Zanetti, MD. Scientific abstract: circulating TERT- and HPV-reactive antibodies in HNSC plasma; function of TERT and HPV-specific memory B cells. Curebound is not printed on this PDF.

Establishes. A 2021 Gleiberman Head and Neck Cancer Center pilot at Moores lists Maurizio Zanetti, MD. His laboratory page already prints UCSD Moores Cancer Center. The same title is Project 3 on Moores’ grants directory.

Does not establish. Curebound is not printed on this PDF. Do not write that Curebound granted this award. The Moores directory lists Curebound/Pedal as a separate program on the same URL. Does not name Ommid Asbaghi. A head-and-neck B-cell pilot is not a hip protocol and is not a joint Ommid–Zanetti document.

Source: Maurizio Zanetti 2021 Gleiberman Head.pdf

ContextMoores Pilot Grant Awardees page as captured · 2021 Gleiberman listing
Moores grants directory — Curebound/Pedal heading; Gleiberman 2021 Project 3 is Zanetti

UC San Diego Moores Cancer Center, Pilot Grant Awardees. First program heading: CUREBOUND/PADRES PEDAL THE CAUSE GRANTS, with Curebound and Padres Pedal logos. Same URL, later heading: GLEIBERMAN HEAD AND NECK CENTER PILOT GRANT. 2021 Project 3: “Study of antitumor B cell immunity in head and neck cancer patients,” Maurizio Zanetti, MD. Project 1 on that 2021 Gleiberman list is Gutkind; Project 2 is Jing Yang.

Establishes. Moores’ grants directory lists Curebound/Pedal awards and this Gleiberman 2021 Project 3 on one page. The hosted Gleiberman PDF is the same title. Pedal/Curebound already funds Moores on other faces.

Does not establish. Do not write that Curebound granted the Gleiberman award. Fall 2022 Curebound Cure Prize Project 1 on that page is an ovarian-cancer MRI study (Rakow-Penner / Dale / McHale), not Zanetti. A Google snippet that sits those headings next to this title fused adjacent listings. Does not name Ommid. A directory listing is not a hip protocol.

Source: moorescancercenter.ucsd.edu/grants-and-funding/pilot-grant-awardees.html