In Re Novell, Inc. S’holder Litig., Cons. C.A. No. 6032-VCN (Del. Ch. Jan. 3, 2013).
In this 50-page decision, the Court addresses claims by the plaintiff alleging breaches of fiduciary duties in connection with the sale of Novell and the sale of a patent portfolio. The Court allowed a bad faith claim due to the unexplained, extremely favorable treatment of the winning bidder during the acquisition process, but granted the motion to dismiss the remainder of the complaint. See comparative analysis by Professor Hamermesh of this case with another recent decision, available at the following link.
In a subsequent ruling in this case, Chancery declined a motion for interlocutory appeal, though the procedure still allowed for the Supreme Court to consider an interlocutory appeal.