In Activision Blizzard, Inc. v. Hayes, the Delaware Supreme Court addressed the question of whether the purchase by Activision Blizzard, Inc. of shares of its own stock, as well as net operating loss carryforwards, from Vivendi, S.A. constituted a "merger, business combination or similar transaction" under Activision amended certificate of incorporation.

Can a trustee of a litigation trust created under a plan sue in a U.S. bankruptcy court the directors and officers of a non-debtor Canadian parent, when many of the defendant D&Os had rarely set foot in the forum state? According to a recent Tenth Circuit opinion, the answer is yes. Newsome v. Gallacher, 722 F.3d…

The Third Circuit Court of Appeals holds that a bankruptcy claim transferred to a third-party purchaser can be disallowed under 11 U.S.C. § 502(d) if the original claimant received property that is avoidable or recoverable by the bankruptcy estate.

In Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLP, The Court of Chancery interpreted Section 259 of the General Corporation Law of the State of Delaware to hold that all privileges—including the attorney-client privilege—pass in a merger from the acquired corporation to the surviving corporation.

Judge Sleet Denies Post-Trial Motions and Declines to Award Attorneys’ Fees In Finjan, Inc. v. Symantec Corp. et al., C.A. No. 10-593-GMS (D. Del. Sept. 19, 2013), Chief Judge Sleet denied certain post-trial motions on infringement and validity and declined to award attorneys’ fees pursuant to 35 U.S.C. § 285. The Court concluded that the jury’s…

Judge Robinson Grants in Part Defendant’s Motions for Summary Judgment, Denies Defendant’s Daubert Motion, and Construes Claims In Netgear, Inc. v. Ruckus Wireless, Inc., C.A. No. 10-999-SLR (D. Del Sept. 30, 2013), Judge Robinson decided several motions and cross-motions for summary judgment, including plaintiff’s summary judgment motion of infringement and for validity of the patents-in-suit,…

Judge Stark Grants in Part and Denies in Part a Motion for Protective Order In Intellectual Ventures I LLC, et al. v. Altera Corp., et al., C.A. No. 10-1065-LPS (D. Del. July 12, 2013), Judge Stark granted in part and denied in part a motion for protective order. Specifically, Judge Stark barred defendants from taking supplemental…

Judge Stark Grants Defendants’ Motion to Stay Pending Inter Partes Review In Softview LLC v. Apple Inc., et al., C.A. Nos. 12-989-LPS; 10-389-LPS (Consolidated) (D. Del. Sept. 4, 2013), Judge Stark granted defendants’ motion to stay pending inter partes review. Judge Stark found that the three stay factors favored granting the motion. Judge…

Magistrate Judge Burke Recommends Transfer to the Northern District of Illinois In Alan J. Ross, et al. v. Institutional Longevity Assets LLC, C.A. No. 12-102-LPS-CJB (D. Del. Sept. 20, 2013), Magistrate Judge Burke recommended granting defendant’s motion to transfer to the Northern District of Illinois. Plaintiff Alan J. Ross was an individual residing in Newton, Massachusetts.…

Judge Stark Denies Defendant’s Motion to Dismiss Complaint Alleging Antitrust Violations and Grants in Part Plaintiff’s Motion to Strike In Kickflip, Inc. v. Facebook, Inc., C.A. No. 12-1369-LPS (D. Del. Sept. 27, 2013), Judge Stark denied defendant Facebook, Inc.’s motion to dismiss a complaint alleging antitrust violations and tortious interference for failure to state a claim…