ALCON RESEARCH, LLC v. AURION BIOTECH, INC.

C.A. No. 2024-1102-KSJM.

ALCON RESEARCH, LLC, Plaintiff, Counterclaim Defendant, v. AURION BIOTECH, INC., Defendant, Counterclaim Plaintiff.

Court of Chancery of Delaware.

Decided: January 27, 2025.


Attorney(s) appearing for the Case

Jon E. Abramczyk, D. McKinley Measley, Elizabeth A. Mullin Stoffer, Jacob M. Perrone, MORRIS, NICHOLS, ARSHT & TUNNELL LLP, Wilmington, Delaware; Monica K. Loseman, John D.W. Partridge, John Turquet Bravard, GIBSON, DUNN & CRUTCHER LLP, Denver, Colorado; Mary Beth Maloney, Jonathan D. Fortney, Mark H. Mixon, Jr., GIBSON, DUNN, CRUTCHER, New York, New York; Counsel for Plaintiff and Counterclaim Defendant Alcon Research, LLC.

Richard R. Rollo, Travis S. Hunter, John M. O'Toole, Kevin M. Kidwell, Edmond S. Kim, RICHARDS, LAYTON & FINGER, P.A., Wilmington, Delaware; Brad D. Sorrels, Jessica A. Hartwell, Joshua A. Manning, WILSON SONSINI GOODRICH & ROSATI P.C., Wilmington, Delaware; Counsel for Defendant and Counterclaim Plaintiff, Aurion Biotech, Inc.


POST-TRIAL OPINION

Defendant Aurion Biotech, Inc. and one of its Series C Preferred Stockholders, Plaintiff Alcon Research, LLC, are battling over Aurion's planned IPO. Aurion wants to launch the IPO by mid-February 2025. Alcon seeks to block it. Their disagreements boil down to three issues. The first dispute concerns whether...

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