Court agrees with Ab­b­Vie’s method­ol­o­gy for dam­ages in Take­da case

The Delaware Court of Chancery on Tues­day ruled in fa­vor of Ab­b­Vie, like­ly set­ting up the drug­mak­er to re­ceive most of the dam­ages it was seek­ing from Take­da.

Ab­b­Vie had sued Take­da in 2020, al­leg­ing a breach of con­tract to sup­ply the prostate can­cer drug Lupron. A year lat­er, the Court of Chancery found that Take­da breached its sup­ply agree­ment with Ab­b­Vie.

Vice Chan­cel­lor Sam Glass­cock III said he found that “Ab­b­Vie’s dam­ages method­ol­o­gy is re­li­able and ap­pro­pri­ate,” ac­cord­ing to the de­ci­sion. He al­so said it was “in­dis­putable that Ab­b­Vie suf­fered last­ing dam­ages as a re­sult of the Lupron short­age.” Ab­b­Vie was seek­ing an es­ti­mat­ed $480.6 mil­lion in dam­ages from the Japan­ese phar­ma, ac­cord­ing to Bloomberg Law.

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