"The problem as i see it is it was Tyrians fault that Bayer exited the agreement not Bayers"
not sure how you came to this conclusion, as there are no announcements which lay out the terms of the deal.
you just need to go back and re-read all relevant announcements to work out the chronology of events.
1. Bayer asked Tyrian to produce 10,000 units. 2. Tyrian agreed with the expectation of revenue from Bayer as set out by the terms of the deal. 3. Bayer failed to market the product effectively (possibly on the grounds of a conflict of interest?) leaving Tyrian broke and forcing them to lay off their entire staff.
seems pretty clear who the courts would favour in this particular arrangement, and it's not entirely unlike Bayer's recent settlement with Onyx Pharmaceuticals for $160m last year over a failure to promote a product it had licensed.
not expecting any such sum here, but 40+ staff laid off over a few years and at least $4m in public money being wasted is surely worth a few mill.
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