For years, Napo Pharmaceuticals Inc. has been blaming its troubles on Salix Pharmaceuticals Ltd., a business partner that allegedly never delivered on a promise to promote a potentially lucrative Napo drug. On Tuesday, a state court jury in Manhattan told Napo to pin the blame elsewhere, handing a big win to Salix and its lawyers at Covington & Burling.
According to a Salix press release, jurors returned a verdict that the company didn’t breach a promise to use reasonable efforts to commercialize the Napo drug Fulyzaq (crofelemer), which is used to treat HIV-related diarrhea. Napo, which was represented by a Boies, Schiller & Flexner team led by William Ohlemeyer, put damages at about $260 million in damages in an expert report.
