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Torts Keyed to Epstein
Asahi Kasei Pharma Corp. v. Actelion Ltd.
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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:
Plaintiff, a Japanese pharmaceutical company, developed a drug to treat pulmonary arterial hypertension called Fasudil. Plaintiff sought to market the drug in North America and Europe, so it entered into a licensing agreement with CoTherix, Inc. CoTherix was a U.S.-based biopharmaceutical company with a history of bringing similar drugs to market quickly. Plaintiff sought this agreement with CoTherix based on this history, in order to quickly bring Fasudil to market and capitalize on the period of market exclusivity before generic competitors became available. At the time, Plaintiff’s market competitor was Defendant, a Swiss company that held the prevailing share of the U.S. pulmonary arterial hypertension drug market. After the licensing agreement was signed, Defendant purchased all of CoTherix’s stock and notified Plaintiff that CoTherix would no longer work to develop Fasudil. Plaintiff sued Defendant as well as three of its executives for intentional interference with the licensing agreement. Plaintiff provided evidence that Defendant bought out CoTherix in order to keep Plaintiff from cutting into its share of the market. The case went to trial, where the jury was instructed that a person is not liable for interfering if the person was a party to the contract at the time of the interference. The jury was also instructed that a defense of justification existed when a defendant could show that its conduct was justified, but that the defense was unavailable if the defendant used unlawful means to interfere with the contract, such as intentional misrepresentation, concealment, or extortion. The jury found for Plaintiff, awarding $550 million in compensatory damages and $30 million in punitive damages. Defendant appealed, arguing that Defendant was not a stranger to the contract once it had purchased CoTherix. Plaintiff responded by arguing that defenses of privilege or justification are not available when defendants used improper means.
- 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.