California Court of Appeal

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Asahi Kasei Pharma Corp. v. Actelion Ltd., A133927

Judgment for plaintiff in an action alleging intentional interference with a License Agreement, interference with plaintiff's prospective economic advantage, breach of a confidentiality agreement, and breach of confidence, arising out of defendant Actelion's notice to plaintiff that following its acquisition of defendant CoTherix, defendant Co-Therix's would discontinue development of plaintiff's drug for "business and commercial reasons," is affirmed, where: 1) defendant Actelion, by virtue of its ownership interest, is not automatically immune from tortious interference with the License Agreement; 2) the jury was properly instructed on the elements of wrongful interference with contract and properly charged with considering whether defendants "used unlawful means to interfere with the License Agreement;" and 3) the manager's privilege does not exempt a manager from liability when he or she tortiously interferes with a contract or relationship between third parties.

Appellate Information

  • Decided 12/18/2013
  • Published 12/18/2013




  • California Court of Appeal