AbbVie Loses Chancery Fight For Takeda Contract Injunction

Bizar Male
Law360 (September 8, 2021, 3:48 PM EDT) — AbbVie Endocrine Inc. has lost a bid for a Delaware Chancery Court injunction that would bind Japan’s Takeda Pharmaceutical Co. Ltd. to North American delivery targets for a globally important drug as part of an eventual contract breach award, despite AbbVie’s claims of irreparable harm risks.

Vice Chancellor Sam Glasscock III found in a 24-page post-trial opinion Tuesday that approval and enforcement of AbbVie’s injunction request and oversight of Takeda’s production and distribution mandates for the drug Lupron would be unworkable regardless of the court’s corporate and commercial law clout.

“The complexity of the business judgments involved, and the involvement of…

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