The Delaware Supreme Court on Monday upheld a $71 million award against a Pennsylvania-based pharmaceutical company that failed to live up to its obligation to market a drug used to treat exposure to certain types of chemotherapy.
An en banc panel of the high court agreed with a Delaware Court of Chancery judge that BTG International Inc. had breached a contract to distribute and sell Vistogard after the drug’s creator, Wellstat Therapeutics Corp., secured regulatory approval to bring it to market.
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