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PHARMATHENE, INC. v. SIGA TECHNOLOGIES, INC.

Civil Action No. 2627-VCP.

PHARMATHENE, INC., a Delaware corporation, Plaintiff, v. SIGA TECHNOLOGIES, INC., a Delaware corporation, Defendant.

Court of Chancery of Delaware.

Decided: November 23, 2010.

Attorney(s) appearing for the Case

A. Richard Winchester, Esquire , Christopher A. Selzer, Esquire , McCARTER & ENGLISH, LLP, Wilmington, Delaware; Roger R. Crane, Esquire , K&L GATES LLP, New York, New York; Attorneys for Plaintiff

Andre G. Bouchard, Esquire , Sean M. Brennecke, Esquire , BOUCHARD MARGULES & FRIEDLANDER, P.A., Wilmington, Delaware; Harold P. Weinberger, Esquire , Jennifer L. Rochon, Esquire , Seth F. Schinfeld, Esquire , KRAMER LEVIN NAFTALIS & FRANKEL LLP, New York, New York; Attorneys for Defendant

MEMORANDUM OPINION

PARSONS, Vice Chancellor.

This is the next stage in a long-running breach of contract case between PharmAthene, Inc. ("PharmAthene") and SIGA Technologies, Inc. ("SIGA"). The dispute between the parties arose over a licensing agreement term sheet (the "LATS") that they negotiated before entering into merger talks. The parties entered into a merger agreement term sheet to which they attached the LATS and stipulated that, if negotiations...

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