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Jury Instructions

By: Derek Hawkins//March 24, 2020//

Jury Instructions

By: Derek Hawkins//March 24, 2020//

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7th Circuit Court of Appeals

Case Name: Antrim Pharmaceuticals LLC, v. Bio-Pharm, Inc.,

Case No.: 18-3434

Officials: BAUER, BRENNAN, and ST. EVE, Circuit Judges.

Focus: Jury Instructions

Antrim Pharmaceuticals LLC and Bio-Pharm, Inc. arranged to manufacture and sell a generic anti-depressant. When their plan fell apart, litigation followed. Antrim sued Bio-Pharm for breach of contract, and Bio-Pharm counterclaimed based on promissory estoppel or, in the alternative, breach of contract. Following a five-day trial, a jury found for Bio-Pharm on Antrim’s breach of contract claim and for Antrim on Bio-Pharm’s counterclaim. Neither party was awarded damages. Antrim appealed.

Antrim challenges the district court’s jury instructions, evidentiary rulings, and decision to allow Bio-Pharm to request lost profits as a remedy on its counterclaim. Bio-Pharm argues Antrim waived these arguments on appeal because Antrim agreed to a general verdict form and did not file a post-trial motion under Federal Rule of Civil Procedure 50(b). We conclude that Bio-Pharm’s waiver argument has no merit but affirm because the district court committed no reversible error.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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