Case Study: PharmAthene V. SIGA

Law360, New York (October 13, 2011, 1:22 PM EDT) -- On Sept. 22, 2011, the Delaware Chancery Court awarded PharmAthene Inc. a 50-percent share of profits above a certain threshold amount from sales of SIGA Technology Inc.'s pharmaceutical product known as ST-246, due to SIGA's failure to negotiate in good faith for the grant of a license to PharmAthene.

The outcome of this case provides an important reminder to executives, attorneys and business development professionals that an obligation to negotiate in good faith is an enforceable obligation, which, if breached, can result in a significant award...
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