The Delaware Supreme Court held that a superior court properly dismissed DRIT LP’s breach of contract claim, but that it should have granted Glaxo Group Limited and Human Genome Sciences Inc. judgment as a matter of law on its implied covenant claim relating to a patent. GSK filed a patent application for a method for treating lupus, and after it settled an interference proceeding with Biogen Idec MA Inc., it was issued a patent. GSK paid Biogen royalties on product sales, and after Biogen assigned the agreement to DRIT LP, GSK filed a statutory disclaimer that disclaimed the patent and ...
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