Billionaire investor Carl Icahn has been ordered to remove confidential information from a lawsuit he filed against Illumina Inc. over its failed $7 billion acquisition of Grail Inc., a setback in his continuing battle with the the DNA-sequencing company.
Delaware Chancery Court Judge Paul Fioravanti on Tuesday concluded that an Illumina director whom Icahn got named to the board in a proxy fight improperly supplied him with information about the buyout of Grail, which makes cancer detection products. The judge told Icahn he couldn’t use the material to bolster his suit.