SIGA Technologies, Inc. v. Pharmathene, Inc.

SEITZ, Justice, for the Majority:

I. INTRODUCTION

This is the second appeal by SIGA Technologies, Inc. (“SIGA”) ■ from a Court of Chancery judgment awarding PharmAth-ene, Inc. (“PharmAthene”) damages stemming from failed merger and license negotiations between the parties. In the first appeal, this Court upheld the Court of Chancery’s finding that SIGA in bad faith breached its contractual obligation to negotiate a license agreement consistent with the parties’ license agreement term sheet, known throughout this litigation as ■ the “LATS.” This Court also held that where parties have agreed to…