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Contracts Keyed to Scott
Eli Lilly & Co. v. Emisphere Techs., Inc.
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Eli Lilly & Co. (Plaintiff) entered into a collaborative agreement with Emisphere Technologies, Inc. (Defendant), under which the parties would work together to use Defendant’s technology to develop oral delivery of some of Plaintiff’s therapeutic compounds. The agreement necessitated and provided for a confidential exchange of proprietary information between the parties. In addition, Plaintiff exercised an option in the agreement to obtain an exclusive license to use Defendant’s carrier technology to develop oral products. Plaintiff paid $4 million to exercise the option. While the collaborative research was ongoing, Plaintiff employees working on the research formed a secret team without Defendant’s knowledge in order to apply Defendant’s carrier technology to other Lilly compounds not contemplated in the agreement. After this secret research, Plaintiff filed for a patent for combinations of fifty-six delivery agents, including Defendant’s carriers that Defendant had divulged as part of the original collaborative contract. At this point, Defendant terminated the original agreement and the subsequent license agreement. Plaintiff brought suit for breach of contract, arguing that the secret research could result in a patent infringement claim at most, but not termination of the agreements.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.