Siga Technologies, Inc. v. Pharmathene

Summary

The court affirmed the Court of Chancery's award of $113 million in lump-sum expectation damages for SIGA's bad-faith breach of its contractual obligation to negotiate a license agreement consistent with the parties' term sheet. It held that the law-of-the-case doctrine did not bar reconsideration on remand and that the trial court properly found the damages proven with reasonable certainty, relying on the parties' contemporaneous expectations, the term-sheet economics, and limited post-breach evidence. The court concluded that the damages award was not an abuse of discretion and that the supporting factual findings were not clearly erroneous.