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Fried Frank Harris Shriver & Jacobson LLP | USA | 23 Apr 2019

Another Nail in the Coffin for Arm’s-Length Merger Appraisal Cases Without Fatal Process Flaws-Delaware Supreme Court Embraces the Merger-Price-Less-Synergies Approach for Determining “Fair Value”-Aruba

In Verition v. Aruba (April 16, 2019), the Delaware Supreme Court (i) rejected the Court of Chancery’s novel approach of determining appraised “fair…

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 2 Nov 2018

Spotlight on Upcoming Oral Arguments - November 2018

The University of Florida Research Foundation (UFRF) appeals from a Northern District of Florida decision granting GE’s motion to dismiss after…

Liu, Shen & Associates | China, USA | 30 Oct 2018

Base of Royalty Calculation for Standard Essential Patent

Disputes over the licensing of Standard Essential Patent (“SEP”) have attracted many attentions in the world. When SEP cases appear, they become hot…

Rothwell, Figg, Ernst & Manbeck, PC | USA | 7 Aug 2018

Using Theses as Prior Art at the PTAB

Based on recent Patent Trial and Appeal Board (“PTAB” or “the Board”) decisions, the best practice to establish an academic thesis as a printed…

Jones Day | USA | 24 Jul 2018

PTAB Allows Patent Owner to Stay its Own Reissue Proceeding

35 U.S.C. § 315(d) and 37 C.F.R. 42.122(a) vest the PTAB with the power to stay, transfer, consolidate, or terminate any matter pending before…

Baker Botts LLP | USA | 5 Jun 2018

Uncertainty of IPR Estoppel in District Courts Continues

One of the early-recognized pitfalls of inter partes review (IPR) proceedings was the statutory estoppel of 35 U.S.C. § 315(e)(2) barring petitioners…

Sughrue Mion PLLC | USA | 9 May 2018

PTAB Holds that a Merger Completed After the filing of Petition Can Create a Real Party-in-Interest Relationship

In Cisco Systems v. Hewlett Packard Enterprise Company, IPR2017-01933, Paper 9 (PTAB 2018) (Decision Denying Institution of Review), the Patent Trial…

Venable LLP | USA | 19 Mar 2018

Federal Circuit identifies circumstances militating against early or summary Section 101 determinations

A number of district court decisions have held patent claims to be ineligible under Section 101 during motions brought at the start of litigation or on motions for summary judgment. However, two recent Federal Circuit decisions indicate that factual disputes over aspects of the two-step test for assessing patent eligibility established by the Supreme Court, including the tangibility of......

Shearman & Sterling LLP | USA | 27 Feb 2018

Delaware Court Of Chancery Applies Dell And DFC To Find “Fair Value” Of Widely Traded Company With No Controlling Stockholder Is Equal To Unaffected Market Price

On January 26, 2018, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery ruled in a post-trial opinion that the thirty-day average…

Ropes & Gray LLP | USA | 26 Feb 2018

Delaware Court of Chancery Concludes that Company’s Unaffected Market Price Is the Best Evidence of Fair Value for Appraisal Valuation Purposes

Hewlett-Packard Company acquired Aruba Networks, Inc. for $24.67 per share in 2015. In Verition Partners Master Fund Ltd. v. Aruba Networks, Inc., an…
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