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OPTINOSE AS v. CURRAX PHARMACEUTICALS, LLC

No. 48, 2021.

264 A.3d 629 (2021)

OPTINOSE AS and OptiNose, Inc., Defendants Below, Appellants, v. CURRAX PHARMACEUTICALS, LLC, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: November 2, 2021.

Attorney(s) appearing for the Case

Joseph B. Warden, Esquire (argued) and Douglas E. McCann, Esquire , FISH & RICHARDSON P.C., Wilmington, Delaware, for Defendants Below, Appellants OptiNose AS and OptiNose, Inc.

Daniel A. O'Brien, Esquire , VENABLE LLP, Wilmington, Delaware, Christopher P. Borello, Esquire (argued) and Joshua D. Calabro, Esquire , VENABLE LLP, New York, New York, for Plaintiff Below, Appellee Currax Pharmaceuticals LLC.

Before SEITZ, Chief Justice; VALIHURA, and MONTGOMERY-REEVES, Justices.

OptiNose and Currax are pharmaceutical companies. OptiNose agreed to license its Exhalation Delivery Systems ("EDS") technology to Currax. The EDS devices administer powder and liquid drugs through the nose. The parties limited the License Agreement to a product which uses a powder EDS device to deliver the migraine treatment...

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