Due to differences in the facts and issues between Transkaryotic and this case, the Court of Chancery concluded that the holding of Transkaryotic did not apply. Further, the Court of Chancery rejected the defendants’ broad reading of dicta in Transkaryotic as being inconsistent with the Delaware Supreme Court’s decision in Loudon v. Archer-Daniels-Midland Co., 700 A.2d 135 (Del. 1997). Holding that, in an appropriate case, Delaware law recognizes the possibility of a post-closing award of damages as a remedy for a breach of the duty of disclosure, the Court of Chancery denied the defendants’ motion for summary judgment on this issue.Last, because a corporation itself does not owe fiduciary duties and cannot aid and abet violations by the fiduciaries who serve it, the Court of Chancery granted summary judgment in favor of Orchard against the plaintiffs’ claims of breach of fiduciary duty and aiding and abetting breach of fiduciary duty.