Chancery’s Reversal on Damages Opinion Bodes Well for Plaintiff

Business Valuation UpdateVol. 20 No. 11
Legal and Court Case Update
November 2014
2834 Pharmaceutical Preparations
325412 Pharmaceutical Preparation Manufacturing
economic damages & lost profits
lost profits, expert testimony, pharmaceutical, contract, contractual remedy, expectation damages, license agreement

PharmAthene, Inc. v. SIGA Technologies, Inc.
2014 Del. Ch. LEXIS 142
August 8, 2014
US
State Court
Delaware
Court of Chancery
Jeffrey L. Baliban (plaintiff); Dr. Keith Ugone (defendant)
Parsons

Summary

In a major pharmaceutical case, on remand Delaware Chancery finds plaintiff proved it had a reasonable expectation of profits at the time of breach; court accepts plaintiff expert’s damages model, but orders adjustments, particularly to sales quantity.

See Also

PharmAthene, Inc. v. SIGA Technologies, Inc.

In a major pharmaceutical case, on remand Delaware Chancery finds plaintiff proved it had a reasonable expectation of profits at the time of breach; court accepts plaintiff expert’s damages model, but orders adjustments, particularly to sales quantity.