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SILVERBERG v. GOLD

C.A. No. 7646-VCP.

HERBERT SILVERBERG, Derivatively on Behalf of DENDREON CORPORATION, Plaintiff, v. MITCHELL H. GOLD, RICHARD F. HAMM, GREGORY T. SCHIFFMAN, MARK W. FROHLICH, SUSAN B. BAYH, RICHARD B. BREWER, GERARDO CANET, BOGDAN DZIURZYNSKI, DAVID L. URDAL, and DOUGLAS G. WATSON, Defendants, DENDREON CORPORATION, Nominal Defendant.

Court of Chancery of Delaware.

Decided: December 31, 2013.

Attorney(s) appearing for the Case

Norman M. Monhait, Esq. , Carmella P. Keener, Esq. , ROSENTHAL, MONHAIT & GODDESS, P.A., Wilmington, Delaware; Jeffrey S. Abraham, Esq. , Philip T. Taylor, Esq. , ABRAHAM, FRUCHTER & TWERSKY, LLP; Attorneys for Plaintiff.

Raymond J. DiCamillo, Esq. , Kevin M. Gallagher, Esq. , RICHARDS, LAYTON & FINGER, P.A., Wilmington, Delaware; Norman J. Blears, Esq. , Michael L. Charlson, Esq. , HOGAN LOVELLS US LLP, Palo Alto, California; Robin Wechkin, Esq. , HOGAN LOVELLS US LLP, Issaquah, Washington; Attorneys for the Dendreon Defendants.

MEMORANDUM OPINION

PARSONS, Vice Chancellor.

This action arises from officers and directors of a biotechnology company selling various percentages of their interests in the company in the fifteen months following the Food and Drug Administration's (FDA) first approval of a drug treatment developed by the company. The derivative plaintiff alleges that the treatment's high upfront cost, combined with its brief administration period and uncertainty in the medical...

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