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CROWLEY v. EPICEPT CORP.

No. 15-56571.

883 F.3d 739 (2018)

Kenton L. CROWLEY; John A. Flores, Plaintiffs-Appellants, v. EPICEPT CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted April 5, 2017 Pasadena, California.

Attorney(s) appearing for the Case

Karen A. Larson , Karen A. Larson P.A., Dana Point, California, for Plaintiffs-Appellants.

Philip Tencer , TencerSherman LLP, San Diego, California, for Defendant-Appellee.

Dissent by Judge Wardlaw.

OPINION

This appeal follows the trial on Drs. Crowley and Flores's (the Doctors) claims against EpiCept Corporation (EpiCept) for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud. The Doctors' claims arise from their assignment to EpiCept of two patents for a non-FDA approved drug (referred...

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