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Friday, February 06, 2015 9:03:07 AM
From my personal point of view, a shareholder derivative suit would not bring anything in this case. I mean, when J&J sued DECN for patent infringement, we knew that this will cause harm to the corporation. And it caused harm. DECN as a matter of fact could not feel free to execute their business on all fronts despite the USTPO rulings and besides not being in a position of doing the business they had in mind they had their costs.
And we know, closing business with retailers or closing business with those interested in private label deals want to sign a contract with a company that does not have a Damocles sword behind their neck.
Now, what would then be the argument of the shareholder or the shareholders group starting a shareholder derivative suit. Arguing, that DECN did not act against the party (J&J) that allegedly caused harm to the corporation? Of course DECN acted and this is what is going on now for 2 years.
So with what kind of arguments those shareholders would satisfy the various requirements to prove that they have a valid Standing? That DECN should be squeezing a higher amount from J&J? This would be laughable.
In short: DECN has taken all measures against the “wrongdoers” J&J and for this reason, there is no new Argument to Support such a derivative suit.
And last but not least: It is costly, time consuming and for what: To get at the end all eggs over the face?
My advise: Settle and go back to business.
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