Del. Justices Reverse GSK's $57M Lupus Drug Patent Loss

Law360 (March 3, 2021, 10:05 PM EST) -- The Delaware Supreme Court reversed a trial court decision Wednesday that put pharma giant GSK on the hook for $57 million in damages over its decision to halt royalty payments on a lupus drug, ruling there were no "gaps" in its agreement with a rival that prevented the move.

In a decision authored by Chief Justice Collins J. Seitz Jr., the panel said the trial judge erred in denying GSK's motion for judgment as a matter of law on an implied covenant claim the company lost after a jury trial.

Plaintiff Drit LP accused GSK of acting in bad faith in...

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