The defendants brought a motion to strike the plaintiff's claim for restitution for unjust enrichment and disgorgement of profits, and a motion to bifurcate the trial on liability and damages.
The plaintiff alleged the defendants breached a settlement agreement regarding the market entry date of a generic drug.
The court dismissed the motion to strike, finding the pleaded facts were capable of supporting the restitutionary claims.
The court granted the motion to bifurcate, finding exceptional circumstances justified separating the liability issues from the complex quantification of damages.
