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Johnson & Johnson's $1 Billion loss from the robotics takeover is reduced by Delaware's top court

Johnson & Johnson's $1 Billion loss from the robotics takeover is reduced by Delaware's top court
Johnson & Johnson's $1 Billion loss from the robotics takeover is reduced by Delaware's top court

Johnson & Johnson persuaded Delaware's highest Court to dismiss part of a $1 billion damages award due to its breach of a 2019 agreement to buy Auris Health - a manufacturer of surgical robots.

In a?unanimous ruling on Monday, Delaware’s Supreme Court set aside a part of the September 20,24 award made to former Auris investors who claimed that Johnson & Johnson had failed to support Auris’ iPlatform Technology and was too slow in gaining regulatory approvals for bringing?devices onto the market.

After recalculation, damages and interest could be reduced by several hundred million dollars.

Fortis Advisors, the company representing the shareholders, has accused J&J for fraudulently?inducing Auris into accepting payments contingent upon achieving certain'milestones' instead of receiving more money upfront. The deal valued Auris's shares at $3.4 billion.

Justice?Abigail LeGrow, in an 87-page ruling, rejected a Delaware Chancery Court judge's conclusion that Johnson & Johnson was under an implied obligation to seek approval for an iPlatform abdominal procedure product by the end 2021.

The Supreme Court upheld the majority of Vice-Chancellor Lori Will’s findings and ordered that she recalculate damage.

Johnson & Johnson of New Brunswick, New Jersey said that it was evaluating the next steps.

The company stated that it was pleased with the decision of the court to reverse the trial judge's improper substitution for its subjective opinions the parties' carefully negotiated agreement regarding milestone regulatory requirements. "We are disappointed the court did 'not follow the contract language in allowing the remainder of the trial courts decision to stand."

Philippe Selendy is a lawyer at Fortis. He said that the ruling showed?that Johnson & Johnson had "inexcusably violated the merger agreement" and deprived Auris of its transformative, life-saving, surgical robot. It also revealed the J&J fraud against Auris.

(source: Reuters)