Nektar v. Lilly: Lilly Defeats CRE Claim, But Jury Finds It Owes $90M For Breaching The Implied Covenant Of Good Faith And Fair Dealing
A federal jury ruled that Eli Lilly & Co. breached the implied covenant of good faith and fair dealing with Nektar Therapeutics, awarding Nektar $90 million in damages. The jury rejected Nektar's claim that Lilly breached the license agreement's commercially reasonable efforts (CRE) obligation. Lilly plans to appeal, arguing no liability should have been imposed. The case highlights risks in biopharma licensing agreements.




