The Supreme Court is probably trying to see if there is anyway to figure out how Parsons invented his version of law and a nice way to say that law can't be invented by the lower court. Every canceled take over or buy out that has happened in Delaware jurisdiction would have to be reviewed if the Parson judgement was ever upheld. Probably then the troops would have to be called out to avoid chaos caused by the total evacuation of all companies from Delaware. Not to mention the loss of millions of jobs. Who would ever want to have a company or do business in that kind of judicial environment. Here I'm going to award you 50% of the profits of this item that you had nothing to do with and the fact that you had no risk in it's development or future liability. Yes that makes perfect sense only to the recipient.
"Every canceled take over or buy out that has happened in Delaware jurisdiction would have to be reviewed if the Parson judgement was ever upheld."
I'm going to act on that as a contract. If the judgment isn’t overturned, I'm gonna sue you for half my losses, and cite this case as precedent! You all but PROMISED it will be overturned. I, in good faith, and holding becasue of it!
Who says they can't cover both sides? There's a real simple solution to save face all around here too. Simply increase the "break even point". Value the intangibles to bringing the drug to commercialization more heavily. What if the courts came back and affirmed the decision but felt the intial profit amount was too low? Change that to $400-500M and all is well.