Congratulations to our partners Scott Atherton and Terry Mullen, and their local counsel Jesse Noa of Potter Anderson, for winning summary judgment for their pharmaceutical company client in a high-stakes drug royalty dispute in Delaware’s Complex Commercial Litigation Division/Chancery Court. The case concerned both BX and AB-rated generic versions of the ADHD drug Concerta®.
With respect to the BX-rated drug, the Delaware court granted summary judgment, ruling that the defendant must pay Scott and Terry’s client 50% of past profits, plus 50% of all future profits in perpetuity, attorneys’ fees, prejudgment interest, and costs. With respect to the AB-rated drug, Scott and Terry took their client’s claim to trial and sought an additional $9,411,000 in damages. After four days of trial, the parties agreed to a confidential settlement. The defendant was represented by a Philadelphia-based Am Law 50 law firm in both the summary judgment and trial proceedings.