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JOHN HANCOCK LIFE INSURANCE CO. v. ABBOTT LABORATORIES

No. 05-2710.

478 F.3d 1 (2006)

JOHN HANCOCK LIFE INSURANCE COMPANY; John Hancock Variable Life Insurance Company; and Investors Partner Life Insurance Company, Plaintiffs, Appellees, v. ABBOTT LABORATORIES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 28, 2006.

Attorney(s) appearing for the Case

Lawrence R. Desideri, with whom Stephen V. D'Amore, Peter E. Gelehaar, Michael S. D'Orsi, Winston & Strawn, LLP, and Donnelly, Conroy & Gelharr LLP were on brief, for the appellant.

Brian A. Davis, with whom Joseph H. Zwicker, Stacy Blasberg, and Choate, Hall & Stewart LLP were on brief, for the appellee.

Before TORRUELLA and LIPEZ, Circuit Judges and STAFFORD, District Judge.

AMENDED OPINION**

LIPEZ, Circuit Judge.

John Hancock Life Insurance Company and two of its subsidiaries (collectively "Hancock") contracted with Abbott Laboratories ("Abbott") to join in financing the development of some pharmaceutical compounds. In exchange, Abbott promised to share with Hancock any profits the compounds would generate. It soon became apparent that a number of the compounds had no good prospect of commercial...

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