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BLT: June 2015

Fighting Patent Trolls: New Weapons Emerge

Feature Articles

Fighting Patent Trolls: New Weapons Emerge

Sooner or later your client’s business may be confronted by a demand from a patent “troll,” saying that the business is infringing the troll’s patents. To continue selling “infringing” products, a license is offered, for a fee. Even when the patent claims are weak, rebuffing these demands has been problematic. Now, new weapons have emerged to even the odds.

Delaware’s Chancery Court, in its April decision of Calma v. Templeton, has held that payment of compensation to nonemployee directors under a shareholder-approved compensation plan must be reviewed under the entire fairness standard because the shareholders’ omnibus approval of a plan covering several different types of beneficiaries did not constitute ratification of the amount of compensation to be paid to nonemployee directors.

In the highly anticipated decision of In re Cornerstone Therapeutics Inc. Stockholders Litigation issued in May, the Delaware Supreme Court resolved a perceived split in Delaware authorities and held that independent directors are entitled to dismissal of stockholder claims for monetary damages unless the stockholder plaintiff pleads a nonexculpated claim against those directors.

Aaron D. Ford is juggling more roles and responsibilities than most people: a Nevada state senator, a partner at Snell & Wilner, and married, with four children. Ford won a seat in the Nevada State Senate in 2012, and in 2013, he was recognized by the Nevada Conservation League as Senator of the Year. "I'm doing what I like to do," he said. "In terms of my professional life, the common thread is a desire to serve the public."

The Business Law Section provides a wealth of free content to its members throughout the year. That content is created by the Section’s Committees and their members, including individuals who participate in Committee webinars or those who author articles for Committee newsletters, Business Law Today, The Business Lawyer, and books published by the Section. This month, “Inside Business Law” highlights the Section’s new “Content Corner,” the latest Business Law Basics CLE Web Series, and recent newsletters released by these Committees: Mergers and Acquisitions, Nonprofit Organizations, Private Equity and Venture Capital, and Consumer Financial Services.

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The September issue of Business Law Today will feature topics and advice for business lawyers such as smart contracts, what structured negotiation can offer business attorneys, shareholder activism, and more.

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Business Law Section Annual Meeting
September 14-16, 2017
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Miscellaneous IT Related Legal News (MIRLN) 6 - 26 August 2017 (v20.12)

BLT is a web-based publication drawing upon the best of the Section's resources, including featured articles and other information from around the Section. Stay informed on the latest business law practice news and information that will benefit you and your clients.