KemPharm Exec Can't Dodge Shire's Contract Claims

Law360, New York (August 3, 2011, 3:06 PM EDT) -- A Virginia federal judge on Tuesday refused to dismiss Shire Pharmaceuticals Inc.'s claims that a KemPharm Inc. executive breached an employment contract and several patent assignment agreements with a Shire predecessor.

U.S. District Judge Samuel G. Wilson denied a motion lodged by KemPharm and its President Travis Mickle seeking judgment on the pleadings that the agreements Shire seeks to enforce contain invalid and unenforceable restrictive covenants. The judge held that more facts were needed to determine the enforceability of the contracts.

“The court finds that the...
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