Merix Pharmaceutical Corp. v. Clinical Supplies Management, Inc.

MEMORANDUM OPINION AND ORDER

MATTHEW F. KENNELLY, District Judge:

In 2005, Merix Pharmaceutical Corporation hired a company called PRACS Institute, Ltd. to conduct a double-blind, placebo-controlled clinical trial comparing Releev, a herpes drug manufactured by Merix, to a placebo. PRACS hired Clinical Supplies Management, Inc. (CSM), the defendant in this case, to receive the clinical supplies and label, package, and distribute them to the sites where the trial would occur. CSM signed a work order, also signed by PRACS and Merix executives, which detailed the services the company would…