Johnson & Johnson v. Fortis Advisors LLC

Delaware Supreme Court reverses Chancery Court’s holding that Johnson & Johnson had an implied obligation to pursue de novo review for milestone 1 once the FDA closed the 510(k) pathway, and remands for the Chancery Court to recalculate damages

January 15, 2026

U.S. Chamber submits amicus brief in Delaware Supreme Court arguing that FDA’s marketing authorization pathways entail vastly different risks, costs, and timing for medical device companies, and courts should not imply a contractual term to which a party would not have clearly agreed

February 07, 2025