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September 06, 2024 | Delaware Business Court Insider

Novo Nordisk Files Patent Claims to Fend off Generic Rivals of Wegovy

Sun Pharma of India and Mylan Pharmaceuticals of West Virginia seek FDA approval of generic versions of the popular weight-loss drug. Novo Nordisk says the efforts infringe on its patent.
3 minute read
September 04, 2024 | Delaware Business Court Insider

Johnson & Johnson Must Pay $1B in Damages for Surgical Robotics Contract Breaches, Fraud

The opinion is a win for Ross Aronstam & Moritz and Selendy Gay attorneys who represented a shareholder group.
4 minute read
September 04, 2024 | Delaware Business Court Insider

Morris Nichols Partner to Co-Present at PLI M&A Conference

On Sept. 9, the Practising Law Institute is scheduled to host its annual, day-long conference on Hot Topics in M&A and Morris Nichols Arsht & Tunnell partner Patricia Vella is set to serve as program faculty.
2 minute read
L-5 Healthcare Partners, LLC v. Alphatec Holdings, Inc.
Publication Date: 2024-09-03
Practice Area: Contracts
Industry: Financial Services and Banking | Biotechnology | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Cook
Attorneys:
For plaintiff: William M. Lafferty, D. McKinley Measley, Thomas P. Will, Alexandra M. Cumings, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Antonio Yanez, Jr., Brady Sullivan, Willkie Farr & Gallagher LLP, New York, NY; Alexander L. Cheney, Willkie Farr & Gallagher LLP, San Francisco, CA for plaintiff.
For defendant: Philip A. Rovner, Potter Anderson & Corroon LLP, Wilmington, DE; Krista M. Enns, Edward C. Wipper, Benesch Friedlander Coplan & Aronoff LLP, New York, NY for defendant.
Case number: 2019-0412-NAC

Court enforced contractual specific remedy provision where breaching party offered no persuasive argument for disregarding the clause and ordered the breaching party to perform at the value the warrant to purchase shares had at the time of its breach.

August 30, 2024 | Litigation Daily

Litigator of the Week Runners-Up and Shout-Outs

Davis Polk & Wardwell secured a win for Morgan Stanley in a case the firm has handled since 2012 against German bank IKB Deutsche Industriebank AG stemming from IKB's purchase of residential mortgage-backed securities between 2005 and 2007.
5 minute read
Thomson Reuters Enter. Centre GmbH v. Ross Intelligence Inc.
Publication Date: 2024-08-20
Practice Area: Copyrights
Industry: E-Commerce | Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys:
For plaintiff: Jack B. Blumenfeld, Michael J. Flynn, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Dale M. Cendali, Jeremy King, Eric A. Loverro, Joshua L. Simmons, Kirkland & Ellis LLP, New York, NY; Miranda Means, Kirkland & Ellis LLP, Boston, MA; Yungmoon Chang, Allyn Belusko, Kirkland & Ellis LLP, Los Angeles, CA for plaintiffs.
For defendant: David Ellis Moore, Bindu Ann George Palapura, Andrew L. Brown, Potter Anderson & Corroon LLP, Wilmington, DE; Warrington Parker, Joachim B. Steinberg, Jacob Canter, Christopher J. Banks, Anna Z. Saber, Crowell & Moring LLP, San Francisco, CA; Mark A. Klapow, Crinesha B. Berry, Lisa Kimmel, Crowell & Moring LLP, Washington, D.C.; Emily T. Kuwahara, Jordan Ludwig, Crowell & Moring LLP, Los Angeles, CA; Ryan Henry Seewald, Crowell & Moring LLP, Denver, CO for defendant.
Case number: 1:20-cv-613-SB

Expert opinion on liability was not unreliable where it detailed how data for comparison was selected, as limited qualitative analysis did not automatically render the opinion unreliable.

August 15, 2024 | Texas Lawyer

Covington Defeats Jones Day: AstraZeneca Escapes $107.5M Verdict

AstraZeneca prevailed on its argument that patents-in-suit are invalid because they are not enabled on the issue of unit dosage.
4 minute read
Pinnacle Fertility Holdings, LP v. Jain
Publication Date: 2024-08-13
Practice Area: Contracts
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys:
For plaintiff: Ryan D. Stottmann, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for plaintiffs.
For defendant: Henry E. Gallagher, Jr., Connolly Gallagher LLP, Wilmington, DE for defendants.
Case number: 2023-1280-MTZ

Court declined to enforce arbitration provision against nonsignatory plaintiffs where their complaint did not seek to enforce the terms of the contract containing the arbitration clause.

In re: Insys Therapeutics Inc.
Publication Date: 2024-08-13
Practice Area: Bankruptcy
Industry: Legal Services | Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys:
For plaintiff: Derek C. Abbott, Matthew O. Talmo, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Eric D. Madden, Reid Collins & Tsai LLP, Dallas, TX; Keith Y. Cohan, Ryan M. Goldstein, Morgan M. Menchaca, Reid Collins & Tsai LLP, Austin, TX for plaintiff.
For defendant: Michael W. McDermott, Peter C. McGivney, Berger Harris LLP, Wilmington, DE; Richard C. Pedone, Brian T. Kelly, Nixon Peabody LLP, Boston, MA for defendant.
Case number: 19-11292 (JTD)

Court determined that former officer was obligated to repay advanced legal expenses where he was ultimately convicted on a single racketeering conspiracy charge that included the same alleged predicate racketeering activities as the first indictment, undermining claims of partial success in the criminal prosecution.

InterMune, Inc. v. Harkonen
Publication Date: 2024-08-13
Practice Area: Insurance Law
Industry: Biotechnology | Insurance | Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Cook
Attorneys:
For plaintiff: Karen A. Jacobs, Megan W. Cascio, Courtney Kurz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Laurie Carr Mims, Benjamin D. Rothstein, Candice Mai Khanh Nguyen, Melissa Cornell, Catherine C. Porto, Keker, Van Nest & Peters LLP, San Francisco, CA for plaintiffs.
For defendant: Michael A. Weidinger, Megan Ix Brison, Pinckney, Weidinger, Urban & Joyce LLC, Wilmington, DE; Elizabeth Sandza, Richard Sandza, Sandza Law, PLLC, Washington, DC for defendant.
Case number: 2021-0694-NAC

Officer was obligated to reimburse corporation for advancement costs issued in connection with officer's criminal prosecution for actions taken in the course of his duties when that prosecution culminated in his conviction, precluding him from asserting good faith entitlement to indemnification under the Delaware General Corporation Law.

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