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New York Commercial Division Case Compendium A Searchable Database of Court Decisions Issued by New York’s Commercial Division

Category Archives: Pharmaceutical

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Court Finds Stock-Option Agreement Unenforceable, and Covenant-Not-to-Compete Unreasonable

Posted in Breach of Contract, Emerson, Elizabeth, Manufacturing, Motion to Dismiss, Pharmaceutical, Preliminary Injunction, Suffolk

In a November 24, 2015, Commercial Division decision by Justice Emerson, the court granted the defendants’ motion to dismiss the plaintiff’s amended complaint, which contained causes of action against the individual defendants for breach of covenants not to compete, tortious interference with contract and unfair competition.

Court Denied Motion to Dismiss Based on Champerty Statute Where Assignee’s Intention to Bring Litigation By Proxy Was Unclear

Posted in Bransten, Eileen, Fraud, Motion to Dismiss, New York, Pharmaceutical, Shareholder Dispute, Unjust Enrichment

In a March 16, 2015, Commercial Division decision by Justice Bransten, the court denied defendants’ motion to dismiss the complaint in its entirety. This action was brought by Shareholder Representative Services, Inc. (“SRS”) on its own behalf, and on behalf of the former shareholders of Oriel Therapeutics, Inc. (“Oriel”), against Sandoz Inc., its affiliates and… Continue Reading

Derivative Complaint Dismissed for Failure to Make Demand on Board of Directors or to Show Demand Futility

Posted in CPLR 3211, Demand Futility Doctrine, Derivative Actions, Emerson, Elizabeth, Pharmaceutical, Suffolk

In a June 17, 2014 Commercial Division decision by Justice Emerson, the court dismissed an amended complaint bringing derivative claims for failure to make a demand on the board of directors before commencing the action or showing that such a demand would be futile.  Applying Delaware law, the court found that the allegations in the… Continue Reading

Discovery Must Be Produced In Electronic Form With Metadata

Posted in CPLR 3124, Discovery, New York, Oing, Jeffrey K., Pharmaceutical

In a January 24, 2014 decision by Justice Oing, the Court granted a motion under CPLR 3124 and required a party to produce its discovery in a text-searchable format for review in Concordance (a document review platform) with associated metadata.  The Court found persuasive the fact that the requesting party’s discovery demands sought production in… Continue Reading

Court Denies Motion for Leave to Amend Where Proposed Allegations Were Reviewed and Dismissed as Part of Cross-Motion for Summary Judgment: Ferghana Partners Inc. v Bioniche Life Sciences Inc.

Posted in Breach of Contract, CPLR 3212, Motion to Amend, New York, Pharmaceutical, Schweitzer, Melvin L., Summary Judgment, Unjust Enrichment

In an October 5, 2011, decision by Justice Schweitzer, the court granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s motion for leave to amend. Plaintiff-investment firm sued defendant-biotechnology company for breach of contract under a finder’s agreement in connection with defendant’s partnership with a pharmaceutical company to market and sell one of… Continue Reading

Claim for Rescission of Patent Assignment Agreement Fails Due to Reliance on Parol Evidence and Belief Agreement Was a License: Ark Patent Int’l, LLC v Tarksol Int’l, LLC

Posted in Fisher, Kenneth R., Fraud, Indemnification, Monroe, Pharmaceutical, Rescission, Summary Judgment

In a December 11, 2009 decision by Justice Fischer, the court found that the defendants established prima facie that a patent Exclusive License Agreement constituted an assignment, and not a license, based on: (a) provisions defining the transfer as a “sale, assignment, and transfer in full … for any and all current and future rights… Continue Reading