This is the 5th decision against Siga – now the Supreme Court has created new Del. law to provide VP Parsons with a clear path to a remedy that he already drew up. It may get worse for Siga – they called Parsons “erroneous” in supreme court and now he has a chance to enforce the LATS or worse. He has the full support of the SC and new law to go wherever he wants – Siga just lost big. If any of you think that after 5 decision in favor of PIP that now the courts will reverse their laws, you are out of luck. Siga just lost big.
Expectation Damages? The only known expectation damages from the LATS are the upfront license payment, deferred license payment, SIGA's R&D costs, milestone payments and interest on same. The rest is speculative until SIGA starts receiving the cash from BARDA and the product warranty period runs out. Where is PIP going to get all that money as soon as Parson's rules based upon the LATS? PIP needs to start thinking about that!