Study Aids
Case Briefs Overview
Casebooks
Case Briefs
I

In re Orexigen Therapeutics, Inc.

596 B.R. 9 (2018)

From our private database of 46,400+ case briefs, written and edited by humans—never with AI.

In re Orexigen Therapeutics, Inc.

United States Bankruptcy Court for the District of Delaware
596 B.R. 9 (2018)

Facts

Orexigen Therapeutics, Incorporated (debtor) manufactured a drug used to treat obesity. In June 2016, Orexigen entered into a distribution agreement for the drug with McKesson Corporation (creditor). The agreement was governed by California law. Among other things, the agreement gave McKesson the right to set off any debts owed by McKesson to Orexigen and its affiliates against any debts owed by Orexigen to McKesson and its affiliates. In July 2016, Orexigen entered into a services agreement with McKesson Patient Relationship Solutions (MPRS) (creditor), McKesson’s wholly owned subsidiary. That agreement provided, among other things, that MPRS would fund discounts on Orexigen’s drug and receive reimbursement from Orexigen. Orexigen filed a chapter 11 bankruptcy petition in March 2018. At that time, McKesson owed Orexigen $6,932,816.40 under the distribution agreement, and Orexigen owed MPRS $9,100,000 under the services agreement. McKesson and MPRS filed a motion seeking the court’s approval to offset McKesson’s debt to Orexigen against Orexigen’s debt to MPRS.

Rule of Law

Issue

Holding and Reasoning (Gross, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 830,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 830,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 830,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,400 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Debtors and Creditors

Key Terms