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SEC Actions | USA | 27 Jul 2021
Avoiding that Subpoena: Large Trends; Mini-Trends
Tracking the key areas of concern to SEC Enforcement can be beneficial for issuers, investment advisers and others that may be subject to scrutiny by…
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…
