Attorneys for Microsoft last week petitioned the Delaware Supreme Court to restore two of the eight derivative claims dismissed by the Court of Chancery in the software giant’s lawsuit against Vadem Ltd., a technology company formed under the laws of the British Virgin Islands.

Tara D. Elliott, an attorney with Fish & Richardson, argued on behalf of Microsoft that Vice Chancellor Donald F. Parsons Jr. incorrectly dismissed with prejudice two counts of fraudulent concealment alleged against Vadem because they were time-barred under the statute of limitations. Elliott asserted that Microsoft was unaware of the alleged fraud that occurred when Vadem transferred several patents it owned to an affiliate, Amphus Inc., a Delaware corporation. She claimed Microsoft was only able to pursue the fraud claims after it filed a derivative suit over the patent transfer and heard the testimony of Vadem’s co-founder and former chief technology officer, Henry Fung.

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