Jeff Himawan v. Cephalon, Inc.

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

JEFF HIMAWAN, JOSH TARGOFF § and STEPHEN TULLMAN, as the § duly-appointed Representatives of the § former stockholders of CEPTION § THERAPEUTICS, INC., § § No. 226, 2024

Plaintiffs Below, § Appellants, § Court Below—Court of Chancery § of the State of Delaware v. § § C.A. No. 2018-0075

CEPHALON, INC. and TEVA § PHARMACEUTICALS USA, INC., § §

Defendants Below, § Appellees. §

Submitted: January 15, 2025 Decided: January 24, 2025

Before SEITZ, Chief Justice; VALIHURA, TRAYNOR, LeGROW, and GRIFFITHS, Justices, constituting the Court en banc.

ORDER

This 24th day of January, 2025, after consideration of the parties’ briefs, the

argument of counsel, and the record on appeal, it appears to the Court that the

judgment of the Court of Chancery should be affirmed on the basis of and for the

reasons stated in its December 28, 2018 and April 30, 2024 Memorandum Opinions.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of

Chancery be AFFIRMED.

BY THE COURT:

/s/ Gary F. Traynor

Justice